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.