Supreme Court of India · 2006-07-03
SURENDRANAGAR DISTT. PANCHAYAT vs GANGABEN LALJIBHAI .
- Citation / case number
- SC 2003/23785
- Court
- Supreme Court of India
- Petitioner
- SURENDRANAGAR DISTT. PANCHAYAT
- Respondent
- GANGABEN LALJIBHAI .
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that under Section 25-F of the Industrial Disputes Act, 1947, the burden of proof regarding the completion of 240 days of work lies with the employee, not the employer. The Court found that the Labour Court and the Gujarat High Court incorrectly placed the onus on the employer to prove non-compliance with the provisions of the Act. Consequently, the Supreme Court set aside the High Court's judgment, ruling that the termination of the respondents' services was valid due to lack of evidence proving they had worked for the requisite number of days.