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

february 2008

Supreme Court of India · 2008-02-15

G.M., B.S.N.L. & Ors vs Mahesh Chand

Citation / case number
AIR 2008 SC (SUPP) 1328
Court
Supreme Court of India
Petitioner
G.M., B.S.N.L. & Ors
Respondent
Mahesh Chand
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court upheld the decision of the Rajasthan High Court, affirming the Tribunal's award that the termination of the respondent's services was illegal under Section 25-F of the Industrial Disputes Act, 1947. The Court clarified that the onus of proof regarding the employment duration lies with the employer, rejecting the argument that the respondent was engaged on a temporary basis. The Court ruled that the respondent was entitled to reinstatement with continuity of service, but without back wages.

G.M., B.S.N.L. & Ors vs Mahesh Chand · Niyam