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november 2010

Supreme Court of India · 2010-11-29

Amar Chakravarty & Ors vs Maruti Suzuki India Limited

Citation / case number
AIRONLINE 2010 SC 173
Court
Supreme Court of India
Petitioner
Amar Chakravarty & Ors
Respondent
Maruti Suzuki India Limited
Author
D.K. Jain
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court held that under Section 10(1)(c) of the Industrial Disputes Act, 1947, the burden of proof regarding the justification of termination lies with the management, not the workman. The Court found that the Labour Court's decision to shift the onus of proof to the workman was erroneous and contrary to established principles of labour law. Consequently, the Supreme Court set aside the Labour Court's order and restored the original burden of proof on the management.

Amar Chakravarty & Ors vs Maruti Suzuki India Limited · Niyam