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july 2008

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.

State Of Haryana vs Ramesh Kumar · Niyam