Supreme Court of India · 2004-09-06
Municipal Corporation, Faridabad vs Siri Niwas
- Citation / case number
- AIR 2004 SUPREME COURT 4681
- Court
- Supreme Court of India
- Petitioner
- Municipal Corporation, Faridabad
- Respondent
- Siri Niwas
- Author
- S.B. Sinha
- Bench
- N. Santosh Hegde, S.B. Sinha
Judgment text excerpt
The Supreme Court held that under Section 25F of the Industrial Disputes Act, 1947, an employee must have worked for 240 days in a year to be entitled to relief against retrenchment. The Court found that the Industrial Tribunal's conclusion that the respondent had worked only 184 days was supported by the lack of muster rolls from both parties. However, the Punjab and Haryana High Court drew an adverse inference against the appellant for not producing evidence, leading to the reinstatement of the respondent. The Supreme Court upheld the High Court's decision, emphasizing the importance of evidence in employment disputes.