Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2006

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.

SURENDRANAGAR DISTT. PANCHAYAT vs GANGABEN LALJIBHAI . · Niyam