Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 Industrial dispute 240 days of continuous service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 - s. 25F- Employment of respondent-workman with Transport Department of appellant-Corporation as 'conductor' - For a period of 18 months - Termination of his services - Industrial dispute - Labour court's award holding the termination as illegal and directing reinstatement with 65% back wages- Single Judge of High Court partly allowed the application of the Corporation setting aside the award of back wages - Division Bench of High Court affirmed the order of Single Judge - On appeal, held: The workman has proved that he was in the employment of the appellant-Corporation and had completed 240 days of continuous service - Therefore, non-payment of retrenchment compensation has rendered the termination illegal- However, such illegality does not necessarily result in reinstatement- In view of the facts of the case, is would be just to award a compensation of Rs. 2, 50, 000/- in lieu of reinstatement - Denial of back wages is justified - Labour Laws.Evidence:Rules of evidence - Scope of applicability- To labour cases - Held: Strict rules of evidence are not applicable to the proceedings before the labour court- Labour Laws.Burden of proof - Burden to prove the fact that the workman was in actual and continuous service of the employer for a particular period, is squarely on the workman - Labour laws. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 832 |
Petitioner | Bhavnagar Municipal Corporation Etc. |
Respondent | Jadeja Govubha Chhanubha & Anr. |
SCR | [2014] 14 S.C.R. 879 |
Judgement Date | 2014-12-03 |
Case Number | 10690-10691 |
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