Recently, in Sakkir Husain vs. Binu Madhu (MFA (ECC) No. 18 of 2024), the Kerala High Court set aside an order of the Commissioner under the Employees’ Compensation Act, 1923, which had awarded compensation to an individual injured at a construction site. The employee had sought compensation for injuries allegedly sustained during employment; however, the employer contested the claim, asserting that the individual was never under his employment. The court underscored that establishing an employer-employee relationship is a fundamental jurisdictional prerequisite for the Compensation Commissioner to exercise authority. Given that the employee failed to furnish any evidence proving his employment under the employer, the court concluded that the employer could not be held liable to pay compensation.
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