Supreme Court of India · 2009-04-28
Krishna Bhagya Jala Nigam Ltd vs Mohammed Rafi
- Citation / case number
- AIR 2009 SC (SUPP) 2215
- Court
- Supreme Court of India
- Petitioner
- Krishna Bhagya Jala Nigam Ltd
- Respondent
- Mohammed Rafi
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the appeal against the Karnataka High Court's judgment which set aside the Labour Court's award reinstating a workman whose services were terminated without compliance with Section 25-F of the Industrial Disputes Act, 1947. The Court emphasized that the onus of proving employment lies with the employer, not the workman, and that the High Court erred in shifting this burden. The Court ultimately upheld the Labour Court's finding of illegal termination and reinstatement of the workman with back wages.