Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Industrial Disputes Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Industrial Disputes Act, 1947 - s. 6 N - Appointment of daily wagers on project work - Termination - Industrial dispute - Employees claiming, having long service - Labour court calling for relevant documents from the employer to prove the claim - Production of irrelevant documents - Employees producing documents supporting their claim - Labour court holding the termination as illegal and directing reinstatement - High Court setting aside the award - On appeal, held: Termination rightly held to be illegal - Since the project for which the employees were employed, has been stopped, order of reinstatement not correct - Payment of adequate amount of compensation would subserve the ends of justice. Respondent-Institute was a research institute. Its object was charitable. However, it also undertook poultry farming, Pisciculture, Bee-keeping etc; by way of various projects. Daily wagers were appointed for these projects on need basis. When the services of the appellants were stopped to be taken from December, 1996 they raised an industrial dispute claiming that they had been working for a long time. Labour Court called for some documents from the respondent-employer to show that the appellants had been working for a long time. Respondent produced only Attendance Register for December, 1996 and attendance sheet for year 1997. Appellants brought on record various documents showing deduction of Provident Fund pertaining to years 1992-93 and 1994-95. Labour Court drawing an adverse inference against the employer held that the appellants had worked for more than 240 days and their termination was bad in law due to non-compliance of condition precedent as envisaged u/ s 6 N of U.P. Industrial Disputes Act, 1947. The court directed their reinstatement. In writ petition, High Court set aside the award holding that burden of proof was wrongly placed on the employer and that the award was based on surmises and conjectures. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 316 |
Petitioner | Sita Ram & Ors |
Respondent | Moti Lal Nehru Farmers Training Institute |
SCR | [2008] 4 S.C.R. 471 |
Judgement Date | 2008-03-05 |
Case Number | 1769 |
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