Case Note & Summary
The case involved an appeal by the State of Maharashtra against a decision of the Bombay High Court which had dismissed a writ petition challenging an award by the Labour Court. The respondent, who had been employed as a daily wager and later as a Surveyor, claimed that his service was terminated illegally. The facts revealed that the respondent had been working as a daily wager since 1984 and was appointed as a Surveyor in 1986. His service was terminated in 1987 after the abolition of the posts he held. After eight years, he sought a reference under the Industrial Disputes Act, claiming continuity of service and back wages. The Labour Court ruled in his favor, stating that his termination was illegal and ordered reinstatement with partial back wages. The appellant contended that the Labour Court and High Court had erred in their findings, arguing that the respondent had voluntarily left for another department and that the claim was stale. The Supreme Court noted the absence of the respondent's representation and highlighted that the evidence presented showed the respondent had indeed left the employment voluntarily. The Court concluded that the Labour Court's decision was erroneous, particularly regarding the burden of proof concerning the 240 days of employment, which lies with the employee. The appeal was allowed, and the previous orders were set aside without costs.
Headnote
A) Labour Law - Termination of Service - Legality of Termination - Industrial Disputes Act, 1947, Sections 10(1), 12(5) - The Labour Court held the termination of the respondent illegal and ordered reinstatement with back wages. The Supreme Court found that the respondent voluntarily left the employment to join another department, rendering the claim stale and the Labour Court's decision erroneous. Held that the burden of proof regarding the engagement of 240 days lies with the employee, not the employer (Paras 6-8).
Issue of Consideration
Whether the termination of the respondent's service was legal and whether the claim was stale.
Final Decision
The Supreme Court allowed the appeal, set aside the Labour Court's award and the High Court's order, concluding that the termination was legal and the claim was stale.
Law Points
- Labour Law
- Industrial Disputes
- Termination of Service
- Burden of Proof
- Stale Claims
