Supreme Court of India
Surendranagar Distt. Panchayat and Anr. v. Gangaben Laljibhai and Ors.
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From the headnote
Industrial Disputes Act, 1947-Section 25 -Continuous working for 240 days by workman in a year preceding his termination-Burden of proof He/d: Burden of proof lies on the workman-Workman has to adduce evidence also to discharge his burden apart from examining himself-On facts, burden not discharged by workmen-Thus, order of courts below holding termination illegal on the basis that the burden of proof lies on the employer, set aside. Reference was made before the Labour Court whether the alleged termination of the services of the respondents-workmen was valid. Labour Court proceeded on the
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