Supreme Court of India
Amar Chakravarty & Ors. v. Maruti Suzuki India Ltd.
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 foregoing reasons, the appeals are allowed; the impugned judgments are set aside and the Labour Court is directed to dispose of the references expeditiously.
Judgment, page 10
From the headnote
Industrial Disputes Act, 1947 - s. 10(1)(c) - Termination of service - /legations of misconduct - Non-holding of domestic enquiry- .urden of proof - Held: Onus to prove that it was not possible to conduct the enquiry and the termination was justified on the ground of misconduct by the employee, lies on the management by adducing evidence to justify its action - Workmen can adduce evidence in rebuttal - Thus, order passed by labour court as upheld by the High Court, shifting the burden to prove whether the termination of the services of the workmen is justified, is on the workmen, is erroneous
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