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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