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april 2009

Supreme Court of India · 2009-04-28

KRISHNA BHAGYA JALA NIGAM LTD. vs MOHAMMED RAFI

Citation / case number
SC 2005/23022
Court
Supreme Court of India
Petitioner
KRISHNA BHAGYA JALA NIGAM LTD.
Respondent
MOHAMMED RAFI
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the termination of a daily wage employee without complying with Section 25-F of the Industrial Disputes Act, 1947, is illegal. The Court emphasized that the onus of proving the period of employment lies with the workman, and the High Court erred in shifting this burden to the employer. The Division Bench of the Karnataka High Court's decision to reinstate the workman with back wages was upheld, reversing the Single Judge's order which had set aside the Labour Court's award.

KRISHNA BHAGYA JALA NIGAM LTD. vs MOHAMMED RAFI · Niyam