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july 2006

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.

CHIEF ENGINEER, RANJIT SAGAR DAM vs SHAM LAL · Niyam