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may 2009

Supreme Court of India · 2009-05-08

Chief Soil Conservator Punjab & Ors vs Gurmail Singh

Citation / case number
AIRONLINE 2009 SC 21
Court
Supreme Court of India
Petitioner
Chief Soil Conservator Punjab & Ors
Respondent
Gurmail Singh
Author
Arijit Pasayat
Bench
Arijit Pasayat, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court upheld the Labour Court's award reinstating the workman under Section 10(1)(c) of the Industrial Disputes Act, 1947, ruling that the management failed to prove the workman did not complete 240 days of work in the preceding 12 months, as required under Section 25F of the Act. The Court found that the management's claim that it was not an 'industry' was not substantiated, and the High Court's dismissal of the writ petition was erroneous. The Court confirmed the Labour Court's decision to reinstate the workman with 50% back wages, emphasizing the management's burden of proof regarding employment duration and status.

Chief Soil Conservator Punjab & Ors vs Gurmail Singh · Niyam