Certo Is this judgment real?
Beta, Supreme Court only. We check Supreme Court of India judgments only for now: a High Court citation reads "Not in our corpus", which never means it does not exist.

Supreme Court of India

THE RANGE FOREST OFFICER versus S.T. HADIMANI

Decided
15 February 2002
Judges listed
B.N. KIRPAL, ARIJIT PASAYAT (as the open data lists them; this may not name the whole bench)
Disposal
Disposed off

Citations

Official
[2002] 1 S.C.R. 1080 · 2002 INSC 85
Also cited as
  • (2002) 3 SCC 25 (66 citing judgments)
  • AIR 2002 SC 1147 (19 citing judgments)
  • (2002) SCC(L&S) 367 (11 citing judgments)
  • JT 2002 (2) SC 238 (4 citing judgments)

Learned from how other judgments cite this one, in their text or in the official Supreme Court Reports' lists of cases they refer to: each is cited this way by at least two judgments, and at least twice as often as any other citation to this judgment in that report. We hold no commercial reporter's text, only these citation strings.

Not shown
1 other citation string that other judgments attach to this one, on evidence too thin or too divided to publish.

Cited by

Cited in 18 other Supreme Court judgments we hold. The 5 most recent:

Counted only in the Supreme Court judgments we hold whose text we could read, not in High Court judgments. We match each citation to a judgment automatically, so a citation we cannot match is not counted. "Cited" says only that a judgment refers to this one, not whether it followed, distinguished or overruled it.

The Court's text

Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.

Leave granted.

p. 1081, margin A

In the instant case, dispute was referred to the Labour Court that the respondent and worked for 240 days and his service had been terminated without paying him any retrenchment compensation. The appellant herein did not accept this and contended that the respondent had not w9rked for 240 days. The Tribunal vide its award dated I 0th August, 1998, came to the conclusion that the service had been terminated without giving retrenchment compensation. In arriving at the conclusion that the respondent had worked for 240 days, the Tribunal stated that the burden was on the Management to show that there was justification in termination of the service and that the affidavit of the workman was sufficient to prove that he had worked for 240 days in a year.

p. 1081, margin A

For the view we are taking, it is not necessary to go into the question as to whether the appellant is an "industry" or not, though reliance is placed on the decision of this Court in State of Gujarat v. Pratam Singh Narsinh Parmar, JT (2001) 3 SC 326. In our opinion the Tribunal was not right in placing the onus on the Management without first determining on the basis of cogent evidence that the respondent had worked for more than 240 days in the year preceding his termination. It was the case of the claimant that he had so worked but this claim was denied by the appellant. It was then for the claimant to lead evidence to show that he had in fact worked for 240 days in the year preceding his termination. Filing of an affidavit is only his own statement in his favour and that cannot be regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that a workman had, in fact, worked for 240 days in a year. 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.

p. 1081, margin C

The appeals are disposed of in the aforesaid terms. R.P . Appeals disposed of.

p. 1081, margin G