Burden of proof

 initial burden is on the person who says that the particular institution or the department is industry . in most of the case it is seen that employers denies to be " industry " the burden of proving initially is on the workman, as and when he steps in the witness box and says that the department's functions and activities are enough to show that it is industry then it shifts on the employer to present the cogent evidence to prove that it isnot an industry . in normal course the burden is on that person who says that it is the industry.

 sir I request you to give the comments on my reply to strengthen my view and to encourge me to reply the questions raised in future also .

Dear mishra ji, you have stated general rule regarding burden of proof. let us wait for comments of other experts to have comprehensive understanding on the specific issue.

Dar Doctor,

Burden lies on the person who take conention and who has come to the court.  If the institute/department denies then burden also lies on them to prove their contention.