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2010 Supreme(SC) 1151

D.K.JAIN, H.L.DATTU
Amar Chakravarty – Appellant
Versus
Maruti Suzuki India Ltd. – Respondent


JUDGMENT

D.K. Jain, J. —

Leave granted.

2. These appeals, by special leave, are directed against the judgments delivered by the High Court of Punjab and Haryana, whereby it dismissed the writ petitions of the appellants herein, holding that the Labour Court was correct in shifting the burden on the workmen- appellants to prove that their termination was unjustified.

3. Since the question of law arising in all the appeals is the same, these are being disposed of by this common judgment. However, a brief reference to the facts in S.L.P (C) No.7187 of 2008 would be expedient in order to appreciate the controversy at hand.

4. On 23rd November, 2000, the respondent-management dismissed the appellant without holding an enquiry mainly on the allegations that he had been participating in tool down strike; had been exhorting other workers to slow down the work so that there is fall in production of cars; had indulged in holding demonstrations within the factory premises and raised derogatory and offensive slogans against the management; and was threatening the supervisors etc. The relevant portion of the dismissal order reads thus:

“In view of the situation created by you, Management finds t

























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