Supreme Court of India

Batala Cooperative Sugar Mills Ltd. v. Sowaran Singh

Neutral citation
Reported as [2005] SUPP. 4 S.C.R. 304
Bench Arijit Pasayat and Dr. Ar. Lakshmanan JJ.
Decided 7 October 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

12 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the view taken by the Labour Court and the High Court is illegal.

Judgment, page 4

From the headnote

Industrial Disputes Act, 1947-Sections 2(oo)(bb) and 25F-Workman engaged on casual basis for specific period and for specific purpose- Termination of-Held, did not amount to retrenchment within meaning of S.2(oo), in view of c/ause(bb) thereof-Relief of re-instatement granted by Courts below on ground of non-compliance with S.25F cannot be maintained­ Onus was wrongly placed on the employer to prove that the workman had not worked for 240 days in 12 calendar months preceding the date of termination. Respondent-workman raised industrial dispute alleging that he was appointed w.e.f. lst April,

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