Supreme Court of India · 2007-11-23
THE AHMEDABAD MUNICIPAL CORPN. vs BABUJI GABHAJI THAKORE .
- Citation / case number
- SC 2004/10596
- Court
- Supreme Court of India
- Petitioner
- THE AHMEDABAD MUNICIPAL CORPN.
- Respondent
- BABUJI GABHAJI THAKORE .
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the decision of the Gujarat High Court affirming the Labour Court's order for reinstatement of the respondents, who claimed termination without following the procedure under Section 25-F of the Industrial Disputes Act, 1947. The Court clarified that the onus is on the employee to prove completion of 240 days of service, rejecting the appellant's argument that the Labour Court failed to find this fact. The Court concluded that the Labour Court's findings were justified and the dismissal of the Letters Patent Appeal was appropriate.