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M. K. THAKKER
Nikhil Praveenbhai Joshi – Appellant
Versus
Chief General Manager – Respondent
JUDGMENT :
1. Rule returnable forthwith.
2. This petition is filed under Article 14, 16, 226 and 277 of the Constitution India of following prayers:
(B) Pending admission and final disposal of the present petition, the Hon.ble Court be pleased to stay the operation and implementation of the award passed by the Hon'ble Labour dated 11/10/2024 in Reference (LCA) 56/2004(ANNEXURE-A).
(C) Any other relief to which this Hon'ble Court deem fit and proper in the interest of justice together with cost.”
3. It is the case of the workman that he was working as peon under the respondent employee since 01.03.2000 and he was paid the wages of Rs.2,250/- per month. He was orally terminated with effect from 05.02.2004 without following the provision of the Industrial Dispute Act, 1947. Ther
The burden of proof lies with the workman to demonstrate completion of 240 days of service prior to termination, and failure to fulfill this requirement results in dismissal of claims.
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
In a case where Section 25-F of the Act applies the workman is bound to prove that he had been in continuous service of 240 days during twelve months preceding the order of termination; in a case whe....
To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.”
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
The burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
The finality of the Labour Court's findings and the limited scope of re-appreciating evidence in a writ petition under Article 226 of the Constitution of India.
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