Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947-s. 25-F |
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. 25-F - Termination of workmen - Challenged as being in contravention of s. 25-F - Courts below directing their reinstatement holding that burden to prove non-completion of continuous 240 days service, was on the employer - On appeal, held: Burden to prove continuous service for 240 days is on the workman - Courts below have not considered the matter in proper perspective - Hence, matter remitted to Labour Court - Evidence Burden of proof.The services of respondent-workmen were terminated by the appellant-employer. Workmen challenged the same on the ground that it was without following the procedure under s. 25-F of Industrial Disputes Act, 1947. They claimed that they were working since, 1991 continuously till their termination i.e. on 16.5.1994. Labour Court directed their re-instatement with continuity of service. Single Judge as well as Division Bench of High Court confirmed the Order of Labour Court.In appeal to this Court appellant contended that in absence of plea as well as finding by the Labour Court regarding completed 240 days of service, High Court was not justified in holding that the Labour Court concluded that the workmen had completed 240 days of service; that the Courts below erroneously put the onus on the employer, to establish that the workmen had not completed 240 days of service, while the same is on the person who claimed to have rendered more than 240 days of service. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1179 |
Petitioner | Ranip Nagar Palika |
Respondent | Babuji Gabhaji Thakore And Ors. |
SCR | [2007] 12 S.C.R. 456 |
Judgement Date | 2007-11-23 |
Case Number | 4468 |
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