Supreme Court of India · 2006-07-03
CHIEF ENGINEER, RANJIT SAGAR DAM vs SHAM LAL
- Citation / case number
- SC 2004/10472
- Court
- Supreme Court of India
- Petitioner
- CHIEF ENGINEER, RANJIT SAGAR DAM
- Respondent
- SHAM LAL
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
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 claimant, not the employer, as established in Range Forest Officer v. S.T. Hadimani. The Court found that the Labour Court erred in placing the onus on the management without sufficient evidence from the workman. Consequently, the appeal was allowed, and the Labour Court's award was set aside due to lack of proof from the workman regarding his employment duration.