Common Practice To Not Reflect Casual/ Daily Wage Worker In Employment Records: Rajasthan High Court Upholds Grant Of Award To Such Employee

Rajasthan High Court has upheld an order of the Tribunal under Employees Compensation Act granting compensation to a daily wage worker (respondent) who was injured during his employment but was not appearing in the Employees State Insurance Register or the attendance register of the employer-appellant.

While agreeing with the reasoning of the Tribunal that the employee could be a daily-wage worker, the bench of Justice Arun Monga observed that it was a common industrial practice to not reflect casual or daily wage workers in the formal employment records.

The Court was hearing an appeal filed against the order of the Tribunal by the employer. The employer was arguing against the claim of the employee. As per the respondent, he was a machine operator for the employer, and during such employment, sustained injury that resulted in amputation of his fingers leaving him 100% incapacitated.

It was the case of the employer that the respondent was never employed with it, rather he had come to visit his acquaintance when, owing to his own negligence, he got injured.

It was argued by the employer that the respondent's name did not appear in the Employees State Insurance Register or the attendance register of the establishment. Furthermore, no documentary proof like appointment letter or salary receipts were produced by the respondent.

After hearing the contentions, the Court highlighted the ruling by the Tribunal. The Tribunal's decision was based on other evidence like the police report, medical reports, disability certificate and witness testimony that supported respondent's version. Further, it was noted by the Tribunal that the respondent might be a daily wage worker, who did not appear in the employer's attendance records.

While expressing its agreement with the assumption and the findings of the Tribunal, the Court held that,

“The learned Tribunal's reasoning regarding the non-inclusion of the respondent's name in the wage and attendance registers is sound. It is a common industrial practice that casual or daily wage workers are often not reflected in formal employment records. The appellant's assertion that no such workers were employed is an unsubstantiated defense.”

The Court further highlighted that all other evidence, like the medical records that confirmed the nature and extent of injuries, the police report, as well as the disability certificate, confirming that the employment and injury occurred at the premises of the appellant.

Accordingly, the appeal was dismissed.

Title: Karnawat Marbles v Sohan Singh

Citation: 2025 LiveLaw (Raj) 178

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