Rajasthan High Court, in Karnawat Marbles vs. Sohan Singh (S.B. Civil Misc. Appeal No. 2652/2018),on May 2, 2025, dismissed the employer’s argument that the injured worker was never employed by them, thereby denying entitlement to compensation under the Employees’ Compensation Act, 1923 (‘Compensation Act’). The court noted that the injured employee provided both documentary and testimonial evidence to substantiate his claims of employment and injury sustained at work, including a police report, medical documentation, a disability certificate, and witness statements that corroborated the employee’s account. It is a prevalent practice in the industry that casual or daily wage workers may not be accurately recorded in formal employment documentation. The employer’s claim of not having employed such workers lacks credible support. The critical elements required for compensation under Section 3 of the Compensation Act, specifically the existence of an employer-employee relationship and an injury occurring in the course of employment, were appropriately determined to be established.
Stay connected with us on social media platforms for instant updates click here to join our LinkedIn, Twitter & Facebook
