[Service Law] HC Can Interfere With Compensation Commissioner's Order If Employer-Employee Relationship Not Established: Kerala High Court
2 months ago

[Service Law] HC Can Interfere With Compensation Commissioner's Order If Employer-Employee Relationship Not Established: Kerala High Court

Live Law  

The Kerala High Court has reiterated that it can exercise jurisdiction over the order of Compensation Commissioner when there is lack of evidence to prove the existence of an employer-employee relationship, which is a jurisdictional fact to be established, for the Commissioner to exercise its jurisdiction. Justice T. R. Ravi set aside the order of the Employees Compensation Commissioner on the finding that no employer-employee relationship was proved between the appellant and respondent. v. The Divisional Manager, New India Assurance Co. Ltd. and Golla Rajanna v. Divisional Manager & Anr.. “A reading of all the judgments cited would clearly show that the High Court can exercise jurisdiction if there is a total absence of evidence regarding the question of employer-employee relationship, which is the jurisdictional fact that needs to exist for the exercise of jurisdiction by the Commissioner. However, if there is any evidence available, the court will not be justified in interfering in an appeal, which needs to be on a substantial question of law.” The appellant approached the High Court aggrieved by the order of the Commissioner to grant compensation by assuming the existence of employer-employee relationship without any evidence.

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History of this topic

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Live Law  

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Live Law  

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8 months ago

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Live Law  

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Live Law  

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Live Law  

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11 months, 3 weeks ago

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Live Law  

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Live Law  

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1 year, 6 months ago

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Live Law  

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Live Law  

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