Supreme Court of India
U.P. State Electricity Board & Anr. v. Aziz Ahmad
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What the Court ordered
We are of the considered opinion that the learned Industrial Tribunal D committed a manifest error of law and of fact initially by placing the burden on the employer to prove and establish the job requirements of the said three posts, and thereafter, again committed an error in coming to the conclusion that the posts are identical on the basis of the pleadings of the parties alone.
Judgment, page 12
From the headnote
Labour Law - Equal pay for equal work - Respondent, a Boiler Overhauling Mechanic, claimed higher pay scale on c the ground that post of Boiler Overhauling Mechanic was equivalent to the post of Boiler Mistry or Fitter - Burden of proof - Held: Was on the respondent-workman - He was required to prove that the three posts were identical and .... similar- Tribunal erred in placing the burden on the employer to prove the job requirements of the three posts, and in coming to the conclusion that the posts were identical on basis of pleadings alone - Pleadings were required to be proved - In
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