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march 2008

Supreme Court of India · 2008-03-14

Municipal Corporation Faridabad vs Durga Prasad

Citation / case number
AIR 2008 SC (SUPP) 329
Court
Supreme Court of India
Petitioner
Municipal Corporation Faridabad
Respondent
Durga Prasad
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court set aside the Punjab and Haryana High Court's order which dismissed the appellant's writ petition challenging the Labour Court's award regarding the respondent's employment. The Court found that the High Court had not adequately analyzed the factual position and had relied on precedent without proper justification. The Court emphasized that the onus of proof regarding the respondent's employment duration was improperly placed on the appellant. The matter was remitted to the High Court for fresh consideration in accordance with law.

Municipal Corporation Faridabad vs Durga Prasad · Niyam