Supreme Court of India
Kanpur Electricity Supply Co. Ltd. v. Shamim Mirza
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
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