Supreme Court of India
Surendranagar District Panchayat v. Dahyabhai Amarsinh
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the workman has failed to B discharge his burden that he was in employment for 240 days during the pre.ceding 12 months of the date of termination of his service.
Judgment, page 13
From the headnote
Labour Laws: Industrial Disputes Act, 1947-Section 25F-Retrenchment of workman-Workman's case that he was in service for 10 years and as such termination illegal for non-compliance of section 25F, and , whereas employer's case that workman not completed 240 days of continuous service in a year preceding termination-Reinstatement order by courts below drawing adverse inference against employer for non-production of record of workman-On appeal held: Burden of proof was on the workman that he worked continuouslv for 240 days preceding date of termination but he failed to discharge the
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Where later benches applied it
Of those, 1 mentioned
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