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september 2004

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.

Municipal Corporation, Faridabad vs Siri Niwas · Niyam