Supreme Court · 2007 INSC 873 · Decided 27 August 2007

State of Maharashtra v. Datiatraya Digamber Birajdar

Court
Supreme Court of India
Citation
2007 INSC 873 · [2007] 9 S.C.R. 504
Case number
CIVIL APPEAL No. 1000/2006
Decided
27 August 2007
Bench
ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Industrial Disputes Act

Headnote

OF MAHARASHTRA v. DA TIA TRAY A DI GAMBER BIRAJDAR AUGUST 27, 2007 (DR. ARIJIT PASA Y ATAND D.K. JAIN, JJ.J Industrial Disputes Act, 1947-s. JO-Re-instatement with back wages­ Claim of-Daily wager leaving employment of establishment forjoining C another Department and thereafter terminated voluntarily left to join another Department-Thus, courts below not justified in granting the claim and erred in holding that burden to prove that claimant worked for more than 240 days was on employer-Also, the claim D raised was stale-Hence, order of courts below set aside. Respondent was

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