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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Veni Madhav S/o Shri Ratan Lal Madhav – Appellant
Versus
Executive Engineer (City) O And M, Jodhpur Vidyut Vitaran Nigam Limited – Respondent
| Table of Content |
|---|
| 1. filing of claim and proof related to service duration. (Para 1 , 2) |
| 2. court's view on the claimant's statements. (Para 3 , 4) |
| 3. findings on the burden of proof regarding 240 days. (Para 5 , 6 , 7) |
| 4. final ruling and dismissal of the writ petition. (Para 8) |
Order :
REKHA BORANA, J.
1. The present writ petition has been filed aggrieved of award dated 29.01.2025 (Annexure-4) passed by the learned Industrial Disputes Tribunal cum Labour Court, Bikaner in Labour Case No.21/2015 (CIS No.20/2015).
2. Learned Labour Court while deciding the claim petition as preferred by the petitioner-claimant recorded a specific finding to the effect that the petitioner-claimant failed to prove that he completed 240 days of service in one calendar year preceding his alleged date of retrenchment i.e. 31.08.2012.
3. After perusing the documents as placed on record, this Court is in consonance with the finding as recorded by the learned Labour Court. The pleadings as made by the claimant in his statement of claim were as under:
^^10- ;g gS fd deZpkjh dh mifLFkfr izFke fu;qfDr fnukad 12-3-97 ls ekg Qjojh 2006 rd eLVªksy ij yxkrs Fks eLVªksy ds vk/kkj ij gh U;wure etnwjh dk Hkqxrku djus Fks fdUrq
The burden of proving 240 days of continuous service lies with the employee under the Industrial Disputes Act, 1947, affecting retrenchment rights.
The initial burden of proof was on workman to show that he had completed 240 days of service. Tribunal's view that the burden was on the employer was held to be erroneous.
The requirement of continuous service of 240 days under the Industrial Disputes Act, 1947 is essential for challenging retrenchment, and the burden of proof lies with the employer.
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