Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 – s. 25-B – Complaint – Alleging illegal retrenchment of service – Complainant initially appointed as Assistant Teacher in a private school and worked as such for a period of about 11 months (from July 1993 to 21.5.1994) – Thereafter, worked as a Clerk (from 1.7.1994 till 1.7.1997 i.e. when she abandoned the service) – In the year 2005 the school started receiving Grants-in-Aid and hence came to be governed by Uttaranchal School Education Act, 2006 – Complaint was filed before the school after 9 years i.e. on 15.7.2006 alleging retrenchment of her service on 8.3.2006 illegally – The School Inspector, after inquiry in his report stated that the complainant had not worked in the school since July 1997, nor was there any leave application from her on the record – In complaint before Labour Court, award was passed against the complainant – Writ Petition against the award was allowed on the sole ground that no disciplinary proceedings were initiated regarding abandonment of service – Appeal to Supreme Court – Held: The onus was entirely on the complainant to prove that she had worked for 240 days in the preceding 12 months prior to her alleged termination, which she failed to discharge – The school has duly established that she had abandoned her service in 1997. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2021 INSC 32 |
Petitioner | State Of Uttarakhand & Ors. |
Respondent | Smt. Sureshwati |
SCR | [2021] 1 S.C.R. 166 |
Judgement Date | 2021-01-20 |
Case Number | 142 |
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