Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2004

Supreme Court of India · 2004-09-13

RAJASTHAN STATE GANGANAGAR S. MILLS LTD. vs STATE OF RAJASTHAN

Citation / case number
SC 2003/10760
Court
Supreme Court of India
Petitioner
RAJASTHAN STATE GANGANAGAR S. MILLS LTD.
Respondent
STATE OF RAJASTHAN
Author
ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the provisions of Section 25(F), (G), and (H) of the Industrial Disputes Act, 1947 were violated in the termination of the workman Bhagwan Das, who claimed to have worked for more than 240 days prior to his dismissal. The Court found that the Labour Court's conclusion, based on the non-production of muster rolls by the employer, was justified, leading to the reinstatement of the workman and the award of 30% back wages. The Court upheld the Labour Court's decision, affirming that the burden of proof regarding the workman's employment duration lay with the employer.

RAJASTHAN STATE GANGANAGAR S. MILLS LTD. vs STATE OF RAJASTHAN · Niyam