2002 (2) TMI 1283 - SC - Indian Laws

Retirement of respondent who has worked for 240 days from the service without paying him any retrenchment compensation - Held that - No proof of receipt of salary or wages for 240 days or order or record of appointment or engagement for this period was produced by the workman. On this ground alone the award is liable to be set aside. However Mr. Hegde appearing for the Department states that the State is really interested in getting the law settled and the respondent will be given an employment on compassionate grounds on the same terms as he was allegedly engaged prior to his termination within two months from today.

Summary

The Supreme Court granted leave in a case where a dispute over termination without retrenchment compensation was referred to the Labour Court. The Tribunal found the service was terminated without compensation, but the Court held that the burden of proof was on the worker to show he worked for 240 days, which was not adequately proven. The Court set aside the award and ordered the respondent to be given employment on compassionate grounds.