Industrial Disputes Act, 1947–Sec. 2(S)–Whether the respondent was working as a labour or not ?–Petitioner’s witness did not produce any evidence on this aspect–Conclusion of Labour Court that the burden of proving the status of respondent was not discharged by the employer and as such the presumption was in favour of respondent-workman–Further, even if he was working on the post of Senior Correspondent and was discharging the job even in operational capacity, the same person can be treated as a workman and he is not covered by exception as craved out in sub-clause (4) of Sec. 2(S) of Act.
