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july 2006

Supreme Court of India · 2006-07-03

Chief Engineer, Ranjit Sagar Dam & Anr vs Sham Lal

Citation / case number
AIR 2006 SUPREME COURT 2682
Court
Supreme Court of India
Petitioner
Chief Engineer, Ranjit Sagar Dam & Anr
Respondent
Sham Lal
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the burden of proof regarding the workman's employment for 240 days in the year preceding termination lies with the workman, not the employer, as established in Range Forest Officer v. S.T. Hadimani (2002 (3) SCC 25). The Court found that the Labour Court erred in placing the onus on the employer without sufficient evidence from the workman, such as proof of salary or appointment records. Consequently, the appeal was allowed, and the Labour Court's award was set aside, although the respondent was offered employment on compassionate grounds.

Chief Engineer, Ranjit Sagar Dam & Anr vs Sham Lal · Niyam