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.