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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.Thakker
State Of Gujarat – Appellant
Versus
Gibalsing Babiyabhai Vasava – Respondent
| Table of Content |
|---|
| 1. challenge to reinstatement order (Para 1 , 2) |
| 2. arguments on the burden of proof (Para 3 , 4) |
| 3. analysis of evidentiary burden and non-production (Para 5 , 6) |
| 4. dismissal of petition for lack of merits (Para 7 , 8) |
JUDGMENT :
M. K. Thakker, J.
1. This petition is filed under Article 226 and 227 of the Constitution of India challenging the award passed by the learned labour court in Reference (L.C.B.) No.03 of 2015 dated 30.03.2022 whereby, the learned reference court has directed the present petitioner to reinstate the respondent workman to his original post with continuity of service.
2. It is the case of the present petitioner that respondent herein, had filed the reference before the learned reference court stating that the respondent joined the present petitioner on the post of Forest Guard from 05.03.2003 and he was terminated on 31.12.2012 without following due procedure under the Act. It is contended before the learned reference court by the respondent that though the respondent had served continuously and was assured by the petitioner employer that he would be regularized, but instead on regularization order of termination was passed. Present petitioner appea
The workman must prove 240 days of service for employment claims; failure of the employer to provide required records supports that proof.
The workman failed to prove continuous employment for 240 days, and the Labour Court erred in directing reinstatement based on insufficient evidence.
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 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.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
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