Supreme Court · 2008 INSC 1277 · Decided 7 November 2008

Kanpur Electricity Supply CO. LTD. v. Shamim Mirza

Court
Supreme Court of India
Citation
2008 INSC 1277 · [2008] 15 S.C.R. 850
Case number
CIVIL APPEAL No. 6585/2008
Decided
7 November 2008
Bench
C.K. THAKKER, D.K. JAIN (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Industrial Disputes Act

Headnote

Uttar Pradesh Industrial Disputes Act, 1947: c ss.' 6N, 6P and 6Q- Termination of service- Completion of 240 days - Burden of proof - Held: B,urden to prove that claimant was in employment of particular management, primarily lies on the person who claims to be so - However, degree of proof varies rule 0 can be laid down - On facts, workmen discharged the burden to prove the employer-employee relation with appellant­ em plo yer - Workmen adduced contemporaneous documentary evidence to prove that they were in regular employment of appellant - Appellant did not lead any E evidence in

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