Supreme Court · 2008 INSC 203 · Decided 15 February 2008
G.M., B.S.N.L. & ORS. v. Mahesh Chand
- Court
- Supreme Court of India
- Citation
- 2008 INSC 203 · [2008] 2 S.C.R. 950
- Case number
- CIVIL APPEAL No. 19/2007
- Decided
- 15 February 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Industrial Disputes Act Section 25
Headnote
,.._ Industrial Disputes Act, 1947 - s. 25-F - Termination of ... service - Workman claiming continuous work for 240 days in c a calendar year - Employer's stand that engagement was on temporary basis and that there was no sanctioned post as claimed by the workman - Tribunal and High Court the onus to prove 240 days continuous work on the employer- On appeal, held: Award is liable to be D set aside - Courts below wrongly placed the onus to prove the continuous 240 days work on the employer - In the facts of the case also, the award unsustainable - Evidence - Onus of >-- -f proof
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