Supreme Court · 2009 INSC 777 · Decided 8 May 2009
The Chief Soil Conservator Punjab and ORS. v. Gurmail Singh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 777 · [2009] 8 S.C.R. 564
- Case number
- CIVIL APPEAL No. 3473/2009
- Decided
- 8 May 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226; Industrial Disputes Act Section 10(1)(c)
Headnote
Labour laws: c Reinstatement of terminated workman - Onus to prove completion of 240 days in the 12 months preceding the date of termination - Held: Is on the workman - Labour Court and High Court erred in holding that the onus was on employer D and in reinstating the workman with 50% of of evidence - Courts below also did not discuss as to why employer be not treated as industry - Considering the passage of time, and peculiar facts of the case, employer is directed to pay Rs. 60, 000 to workmen in full and final E settlement of his claim - Industrial Disputes Act, 1947.
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