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october 2005

Supreme Court of India · 2005-10-25

SURENDRANAGAR DISTT. PANCHAYAT vs JETHABHAI PITAMBERBHAI

Citation / case number
SC 2003/1375
Court
Supreme Court of India
Petitioner
SURENDRANAGAR DISTT. PANCHAYAT
Respondent
JETHABHAI PITAMBERBHAI
Author
P.P. Naolekar
Bench
P.P. NAOLEKAR S.N. VARIAVA

Judgment text excerpt

The Supreme Court held that the termination of the respondent's services was illegal as it violated the provisions of the Industrial Disputes Act, 1947, specifically regarding the requirement of providing written notice or payment in lieu thereof. The Court found that the Labour Court's conclusion that the respondent had completed more than 240 days of service was not supported by reliable evidence, and thus the burden of proof lay with the employer to demonstrate otherwise. The Court upheld the Labour Court's decision to reinstate the respondent with back wages, emphasizing the need for adherence to statutory requirements in termination cases.

SURENDRANAGAR DISTT. PANCHAYAT vs JETHABHAI PITAMBERBHAI · Niyam