Supreme Court · 2010 INSC 828 · Decided 29 November 2010
Amar Chakravarty & ORS. v. Maruti Suzuki India LTD.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 828 · [2010] 13 S.C.R. 1142
- Case number
- CIVIL APPEAL No. 10135/2010
- Decided
- 29 November 2010
- Bench
- D.K. JAIN, H.L. DATTU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act; Industrial Disputes Act Section 10(1)(c)
Headnote
Industrial Disputes Act, 1947 - s. 10(1)(c) - Termination of service - A/legations of misconduct - Non-holding of C domestic enquiry- B.urden of proof - Held: Onus to prove that it was not possible to conduct the enquiry and the termination was justified on the ground of misconduct by the management by adducing evidence to justify its action - Workmen can adduce evidence in rebuttal - Thus, D order passed by labour court as upheld by the High Court, shifting the burden to prove whether the termination of the services of the workmen is justified, is on the workmen, is erroneous
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)