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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): Arijit Pasayat, C. K. Thakker , JJ

Industrial Disputes Act (14 of 1947) , S.25F— Retrenchment - Petition against by employer - Workman stated that he had worked for more than 240 days in concerned year - Filed affidavit in that regard - Is not sufficient evidence to prove fact that he had worked for 240 days in a year - No proof of receipt of salary for 240 days or record in that regard was produced - Mere non-production of muster roll by employer for a particular period, not sufficient to hold that workman had worked for 240 days as claimed - Order reinstating workman - Not proper - Moreso when no finding was recorded by Labour Court and High Court on employer's plea that said workman was engaged on temporary basis. Range Forest Oficer v. S. T. Hadimani, AIR 2002 SC 1147 : 2002 AIR SCW 909 : 2002 Lab IC 987, Foll. (Para 6 7) .....