Supreme Court · 2006 INSC 549 · Decided 24 August 2006
Krishna Bhagya Jala Nigam LTD. v. Mohammed Rafi
- Court
- Supreme Court of India
- Citation
- 2006 INSC 549 · [2006] SUPP. 5 S.C.R. 305
- Case number
- CIVIL APPEAL No. 3639/2006
- Decided
- 24 August 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Industrial Disputes Act
Headnote
B Industrial Disputes Act, I 947-Section 2 5 F-Continuous working for 240 days by workman in a year preceding his termination-Burden of proof­ Held: Burden of proof lies on the workman-It is discharged upon the workman C adducing cogent evidence, both oral and documentary. A reference was to workman-daily wage employee. Labour Court passed an award holding the termination illegal and set it aside directing re-instatement. Single Judge of High Court in the writ petition D of the employer held that the workman had not discharged the initial onus of proving that he had worked for more
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