Evidence Proving Employer-Employee Relationship

The Kerala High Court (HC), in the case of Sakkir Hussain,¹ held that it can exercise jurisdiction over the order of compensation by the Commissioner when there is a lack of evidence to prove the existence of an employer-employee relationship.

A. Brief Facts:

Binu Madhu (Binu), was a general worker with Fathima Constructions, owned by Sakkir Hussain (Sakkir). On June 29, 2019, Binu, while drilling a rock from a high place along with his co-workers, fell down and sustained multiple serious injuries.

After a week, he was allegedly discharged from Medical College, Kottayamat on Sakkir's instigation, and was admitted to Medical College Hospital, Theni, where he had undergone a spinal cord surgery. It was also alleged that Sakkir visited Binu at the hospital and paid Rs. 40,000 towards treatment expenses in installments.