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october 2005

Supreme Court of India · 2005-10-07

BATALA CO-OP.SUGAR MILLS LTD. vs SOWARAN SINGH

Citation / case number
SC 2004/6990
Court
Supreme Court of India
Petitioner
BATALA CO-OP.SUGAR MILLS LTD.
Respondent
SOWARAN SINGH
Author
ARIJIT PASAYAT
Bench
DR. AR. LAKSHMANAN ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Punjab and Haryana High Court, affirming the Labour Court's award that reinstated the workman with 50% back wages, citing violations of Section 25F of the Industrial Disputes Act, 1947. The Court found that the employer failed to prove that the workman had abandoned his job or that he was employed on a casual basis, as no attendance records were produced. The Court emphasized that the onus of proof regarding the workman's employment status lay with the employer, and the absence of evidence supported the workman's claim for reinstatement.

BATALA CO-OP.SUGAR MILLS LTD. vs SOWARAN SINGH · Niyam