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february 2008

Supreme Court of India · 2008-02-15

G.M., B.S.N.L. vs MAHESH CHAND

Citation / case number
SC 2006/1755
Court
Supreme Court of India
Petitioner
G.M., B.S.N.L.
Respondent
MAHESH CHAND
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

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 duration of employment lies with the employer, not the employee, as established in Range Forest Officer v. S.T. Hadimani. The appeal was dismissed, maintaining the respondent's right to reinstatement without back wages.

G.M., B.S.N.L. vs MAHESH CHAND · Niyam