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.