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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Krishna Sahu, s/o Kolha Sahu – Appellant
Versus
Bharat Sanchar Nigam Limited, through General Manager, Ranchi – Respondent
| Table of Content |
|---|
| 1. background of petitioners' employment claims. (Para 2 , 3) |
| 2. contentions on lack of evidence and adverse inference. (Para 5 , 6 , 7) |
| 3. citations of case law on adverse inference. (Para 8 , 9 , 10) |
| 4. respondent's defense against petitioners' claims. (Para 11 , 12) |
| 5. analysis of tribunal's orders and evidence required. (Para 13 , 14 , 15 , 16) |
| 6. duty of parties to produce evidence. (Para 17 , 18 , 19 , 20) |
| 7. regularization of employment and judicial interpretations. (Para 21 , 22 , 23 , 24) |
| 8. decision to remit matter back to tribunal. (Para 26 , 27) |
| 9. order partly allowed. (Para 28) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed for quashing of the Award dated 21.7.2011(Annexure-12); whereby the dispute in question referred to the Central Government, Industrial Tribunal, Dhanbad has been answered against the present petitioners.
3. The factual matrix is that the petitioners are working under the respondent on various post of class-IV being appointed between the period of 1990–1994. Furthermore, the stand of the petitioners is to the effect that they are working in different posts, which are of permanent
Adverse inference can be drawn against employers for withholding evidence that could substantiate workers' claims for regular employment, necessitating reconsideration of their claims.
A worker engaged in jobs of permanent nature cannot be denied regularisation despite an intermediary contractor, and adverse inferences may be drawn against the management's lack of evidence.
The court confirmed that permanent employment requires formal appointment procedures, and mere long service does not grant entitlement to regularisation without mandated legal protocols.
The court affirmed that employees with long, uninterrupted service in government positions, labeled 'casual,' are entitled to regularization under fairness and justice principles in public employment....
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 burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
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