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november 2010

Supreme Court of India · 2010-11-29

AMAR CHAKRAVARTY vs MARUTI SUZUKI INDIA LIMITED

Citation / case number
SC 2008/7623
Court
Supreme Court of India
Petitioner
AMAR CHAKRAVARTY
Respondent
MARUTI SUZUKI INDIA LIMITED
Author
D.K. JAIN
Bench
D.K. JAIN,H.L. DATTU, , ,

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 employer, unless explicitly shifted. The Court found that the Labour Court's decision to shift the burden onto the workman was erroneous and contrary to established principles of labour law. Consequently, the Supreme Court set aside the High Court's ruling and reinstated the original burden of proof on the management.

AMAR CHAKRAVARTY vs MARUTI SUZUKI INDIA LIMITED · Niyam