Supreme Court of India · 2008-07-11
State Of Haryana vs Ramesh Kumar
- Court
- Supreme Court of India
- Petitioner
- State Of Haryana
- Respondent
- Ramesh Kumar
- Author
- Arijit Pasayat
- Bench
- P. Sathasivam, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Punjab and Haryana High Court's summary dismissal of the writ petition challenging the Labour Court's award was unsustainable due to the absence of reasons, violating principles established in State of U.P. v. Battan and Ors. and State of Maharashtra v. Vithal Rao Pritirao Chawan. The Court emphasized that the burden of proof lies with the employer to demonstrate that the employee did not complete 240 days of service as per Section 25 of the Industrial Disputes Act, 1947. The appeal was allowed, and the High Court's order was set aside, reinstating the Labour Court's award.