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M. A. CHOWDHARY
Bharat Sanchar Nigam Ltd (BSNL) – Appellant
Versus
Devi Ditta, S/o. Beli Ram – Respondent
JUDGMENT :
1. Petitioners through the medium of this petition filed in terms of Article 226 of the Constitution of India seek, quashing of the Judgment/Award dated 30.09.2005 (for short ‘Impugned Award’) passed by the respondent No.5-Industrial Tribunal-cum-Labour Court Chandigarh (hereinafter called ‘the Tribunal’ for short) on the ground that the Award is against the facts and law as the finding recorded by the Tribunal is utterly perverse.
2. The case of the petitioners is that the respondents 1 to 4 amongst others, were working as casual labourers and their services were discontinued and an application was preferred by the twelve casual labourers against their disengagement before the Government and the Central Government referred the dispute with respect to their disengagement to Industrial Tribunal cum Labour Court Chandigarh, which rejected the Reference vide Award dated 09.11.1998. Thereafter, the workmen filed a writ petition SWP No. 1308/1999 before this Court challenging the Award of the Tribunal and this Court vide judgment dated 27.07.2001 disposed of the aforesaid writ petition by remanding back the case to the Tribunal, with a direction to dispose of the Reference with
The obligation of the state to ensure just and favorable conditions of work, the burden of proof on the employer to rebut the oral evidence of the workman, and the significance of drawing adverse inf....
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 an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
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.
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 requirement for continuous service under the Industrial Disputes Act includes clear definitions for interrupted service but mandates proof of 240 days of service within the preceding 12 months, w....
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