THE CHIEF SOIL CONSERVATOR PUNJAB AND ORS. versus GURMAIL SINGH

THE CHIEF SOIL CONSERVATOR PUNJAB AND ORS. versus GURMAIL SINGH

The workman failed to establish that he had worked for more than 240 days in the 12 months preceding termination. Courts below erred in placing the onus on the employer. Considering passage of time and peculiar facts, full and final settlement of Rs.60,000/- is directed without deciding the 'industry' issue.

Source-derived case information.

Parties
Appellant: Chief Soil Conservator Punjab and Ors.; Respondent: Gurmail Singh
Jurisdiction
India
Judgment Date
08 May 2009
Procedural Posture
Civil Appeal / Supreme Court Final Disposal
Outcome
Appeal disposed of with direction to pay Rs.60,000/- in full and final settlement.
Legal Topics
Reinstatement of Terminated Workman, Onus to Prove Completion of 240 Days, Industrial Disputes Act, 1947
Labour Law Reinstatement of Terminated Workman Onus to Prove Completion of 240 Days Industrial Disputes Act, 1947

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Parties

Chief Soil Conservator Punjab and Ors.

Appellant

Gurmail Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Disposal

Legal Issues

  1. 1 Whether the workman had completed 240 days in the preceding 12 months before termination
  2. 2 On whom lies the onus to prove 240 days of work
  3. 3 Whether the employer is an 'industry' under Industrial Disputes Act, 1947

Ratio Decidendi

The workman failed to establish that he had worked for more than 240 days in the 12 months preceding termination. Courts below erred in placing the onus on the employer. Considering passage of time and peculiar facts, full and final settlement of Rs.60,000/- is directed without deciding the 'industry' issue.

Court Disposition

Appeal disposed of with direction to pay Rs.60,000/- in full and final settlement.

Orders

  • Respondent to be paid Rs.60,000/- in full and final settlement of his claim.
  • No decision on whether the appellant is an industry.