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.