Supreme Court · 2004 INSC 500 · Decided 6 September 2004
Municipal Corporation, Faridabad v. Siri Niwas
- Court
- Supreme Court of India
- Citation
- 2004 INSC 500 · [2004] SUPP. 4 S.C.R. 145
- Case number
- CIVIL APPEAL No. 1851/2002
- Decided
- 6 September 2004
- Bench
- N. SANTOSH HEGDE, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act; Constitution Article 226; Industrial Disputes Act Section 25F, 25B
Headnote
Constitution of India, 1950-Article 226-Judicial review-Scope a/­ Industrial Tribunal held that Respondent having not completed 240 days of working in a year was not entitled to any relief-Writ petition-High Court A B held that as Appellant did not produce relevant rolls before the Tribunal, on that basis the writ petition was allowed holding that it could be presumed that Respondent had worked for 240 days-On appeal, held: Tribunal did not draw any adverse inference against Appellant-It was within its jurisdiction to do so particularly in view of the nature of evidence adduced
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