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may 2009

Supreme Court of India · 2009-05-06

State Of M.P. & Anr vs Md. Abrahin

Citation / case number
AIR 2009 SUPREME COURT 2892
Court
Supreme Court of India
Petitioner
State Of M.P. & Anr
Respondent
Md. Abrahin
Author
S.B. Sinha
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the decision of the Labour Court and the High Court, affirming that the respondent, a daily-wage driver since 1980, was entitled to classification as a permanent employee under the Madhya Pradesh Industrial Relations Act, 1960. The Court found that the appellants had discriminated against the respondent by classifying a junior employee in a permanent category while denying the same to him. The Court emphasized that the lack of production of service records by the appellants warranted an adverse inference against them, leading to the conclusion that the respondent should receive the benefits of a regular driver from 11.07.1986.

State Of M.P. & Anr vs Md. Abrahin · Niyam