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april 2009

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.

Krishna Bhagya Jala Nigam Ltd vs Mohammed Rafi · Niyam