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.