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august 2006

Supreme Court of India · 2006-08-24

Krishna Bhagya Jala Nigam Ltd vs Mohammed Rafi

Citation / case number
AIR 2006 SUPREME COURT 3363
Court
Supreme Court of India
Petitioner
Krishna Bhagya Jala Nigam Ltd
Respondent
Mohammed Rafi
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the termination of the workman by Krishna Bhagya Jala Nigam Limited violated Section 25-F of the Industrial Disputes Act, 1947, as the employer failed to prove that the workman had not completed 240 days of service. The Court emphasized that the onus of proof lies with the employer to establish the non-existence of employment, not the workman. The judgment of the Karnataka High Court restoring the Labour Court's award for reinstatement with back wages was upheld, affirming the workman's right to challenge the termination.

Krishna Bhagya Jala Nigam Ltd vs Mohammed Rafi · Niyam