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.