Supreme Court of India

Kanpur Electricity Supply Co. Ltd. v. Shamim Mirza

Neutral citation
Reported as [2008] 15 S.C.R. 850
Bench C.K. Thakker and D.K. Jain JJ.
Decided 7 November 2008

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.

What the Court ordered

For the aforesaid reasons, both the appeals are allowed to the extent indicated above.

Judgment, page 15

From the headnote

Uttar Pradesh Industrial Disputes Act, 1947: c ss.' 6N, 6P and 6Q- Termination of service- Completion of 240 days - Burden of proof - Held: ,urden to prove that claimant was in employment of particular management, primarily lies on the person who claims to be so - However, degree of proof varies from case to case - No abstract rule 0 can be laid down - On facts, workmen discharged the burden to prove the employer-employee relation with appellant­ em plo yer - Workmen adduced contemporaneous documentary evidence to prove that they were in regular employment of appellant - Appellant did not

Authorities it was built on

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.