Supreme Court of India
G.M., B.S.N.L. & Ors. v. Mahesh Chand
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What the Court ordered
In view of the aforesaid G factual scenario, the award made by the Tribunal as affirmed by learned Single Judge and the Division Bench cannot be -.i;--.. sustained and is set aside.
Judgment, page 9
From the headnote
Industrial Disputes Act, 1947 - s. 25- - Termination of ... service - Workman claiming continuous work for 240 days in c a calendar year - Employer's stand that engagement was on temporary basis and that there was no sanctioned post as claimed by the workman - Tribunal and High Court directed '· reinstatement putting the onus to prove 240 days continuous work on the employer- On appeal, held: Award is liable to be set aside - Courts below wrongly placed the onus to prove the continuous 240 days work on the employer - In the facts of the case also, the award unsustainable - Evidence - Onus of
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