The Bombay High Court has observed that before any industrial adjudicator makes any order under Section 33 for maintenance of service conditions, it must be found that at least prima facie the person alleged to be an employer and against whom an order under Section 33 is sought, is really the employer of the applicant-workmen. https://blog.scconline.com/post/2018/06/26/existence-of-an-employer-employee-relationship-is-a-sine-qua-non-for-protection-under-section-33-of-industrial-disputes-act-1947/
