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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: (i) Whether the workman had discharged the burden of proving continuous service for 240 days so as to attract section 25-F of the Industrial Disputes Act, 1947. (ii) Whether the High Court was justified in interfering with the Labour Court's concurrent findings and in rejecting the certificate and other material produced by the workman.
Issue (i): Whether the workman had discharged the burden of proving continuous service for 240 days so as to attract section 25-F of the Industrial Disputes Act, 1947.
Analysis: The governing principle is that the initial burden lies on the workman to prove completion of 240 days in the relevant period. Mere assertion or affidavit is insufficient; however, where the workman enters the witness box and produces supporting material, the burden may be discharged on the facts of the case. Here, the workman produced a certificate issued by the former Assistant Executive Engineer showing the period of engagement, and the management did not produce the relevant muster rolls for the entire period despite being called upon to do so.
Conclusion: The workman did establish continuous service for the requisite period, and the termination was hit by section 25-F.
Issue (ii): Whether the High Court was justified in interfering with the Labour Court's concurrent findings and in rejecting the certificate and other material produced by the workman.
Analysis: Interference under Article 226 with concurrent findings of fact is warranted only where the findings are perverse or unsupported by evidence. The Labour Court had accepted the certificate and recorded a factual finding on continuous service after considering the evidence. The High Court discarded that finding without adequate reasons and treated the certificate as fabricated despite the absence of a convincing rebuttal from the management. On the record, the Labour Court's conclusion could not be termed perverse.
Conclusion: The High Court was not justified in setting aside the award, and the Labour Court's reinstatement order was restored.
Final Conclusion: The appeal succeeded, the High Court's interference was set aside, and the Labour Court's award granting reinstatement was reinstated in law.
Ratio Decidendi: In disputes concerning retrenchment of daily-wage workmen, the workman must prove completion of 240 days by cogent evidence, but once such evidence is produced and the employer withholds relevant records, the Labour Court's factual finding will not be disturbed in writ jurisdiction unless it is shown to be perverse.
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