Delhi High Court, in Satish Kumar vs. Holistic Child Development India & Ors. [W.P.(C) 5664/2010], ruled in favour of the employer as the employee failed to provide adequate evidence that the employer was an industry under Section 2(j) of the Industrial Disputes Act, 1947 (“ID Act“). The court rejected the employee’s claim, stating that the employer, being a public charitable trust, did not qualify as an industry, and the employee failed to establish an employer-employee relationship. The Bench referred to the decision in State of Gujarat vs. Pratamsingh Narsinh Parmar [(2001) 9 SCC 713], which places the burden of proof on the person claiming the establishment as an industry. Consequently, the court rejected the employee’s claim for reinstatement with back wages.
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