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JASWANT SINGH, V.R.KRISHNA IYER, A.D.KOSHAL
G. T. Lad – Appellant
Versus
Chemical And Fibres Of India LTD. – Respondent
The Supreme Court has clarified that the burden of proof regarding "gainful employment" is not solely on the worker. When a worker claims to be unemployed, the employer is required to produce "cogent evidence" to establish that the worker was earning income elsewhere. Such evidence may include concrete documents like payroll records, bank statements, or other credible proof of employment or income. This approach shifts the initial burden onto the employer to substantiate the claim that the worker was engaged in gainful employment, once the worker has asserted unemployment.
Judgment
JASWANT SINGH. J.:- This appeal by special leave is directed against the common award dated February 27, 1976 of the Industrial Tribunal, Maharashtra, Bombay rejecting as not maintainable complaints Nos. 48 of 1973 to 63 of 1973 made by the appellants against the respondent (hereinafter referred to for brevity as the Company) under Section 33A of the Industrial Disputes Act, 1947 (hereinafter called the Act) in reference (IT) No. 336 of 1972.
2. The facts material for the purpose of this appeal are:
The appellants (hereinafter described as workmen) were employees of the Company. During the pendency of the abovementioned reference No. 336 of 1972 before the Second Labour Court, Bombay for adjudication of a dispute, 344 workmen of the Company including the appellants went on an indefinite peaceful strike with effect from August 30, 1972, pursuant to the strike notice given to the Company by their registered union called "The Association of Chemical Workers in support of its demand for re-instatement of three of the union leaders who had been dismissed by the Company. On the even date i.e. August 30, 1972, the Company put up a notice stating that the strike embarked upon by the
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