Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Workman-ยท Termination of services |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Labour law: Workman-Termination of services-Claim of workman that he had worked for 240 days in the relevant year and his services were terminated without paying him any retrenchment compensation-Management denying that workman had worked for 240 days-Tribunal holding that services of workman were terminated without giving retrenchment compensation and that affidavit of workman was sufficient to prove that he had worked for 240 days in a year and burden was on Management to justify the termination-Held, Tribunal was not right in placing onus on Management without first determining on the basis of cogent evidence that workman had worked for more than 240 days in the year preceding his termination-The claim of workman having been denied by Management, it was for workman to show that he had worked for 240 days-In the absence of any documentary proof, mere statement in the affidavit can not be regarded as sufficient evidence-Burden of proof. |
Judge | N/A |
Neutral Citation | 2002 INSC 85 |
Petitioner | The Range Forest Officer |
Respondent | S.t. Hadimani |
SCR | [2002] 1 S.C.R. 1080 |
Judgement Date | 2002-02-15 |
Case Number | 1283 |
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