Once the workman claims continuous employment, burden shifts to the employer to disprove the same

The present Misc. Petition No. 6329 of 2022 was preferred by the workman challenging the validity of an award passed by Labour Court wherein his claim for retrenchment compensation was denied on the ground that no documentary evidence was provided, proving his continuous employment for 240 days in the preceding calendar year. It was argued by the workman that the Labour court has erroneously shifted burden of proof onto the workman to establish continuous service. The Madhya Pradesh High court observed that Labour court had erred by placing burden of proof on the workman. Once the workman deposes that he has completed 240 days of service, the burden is on the employer to disprove the same. The respondent employer failed to present any document disproving the claim of the workman and the oral testamentary of the respondent stating no availability of records for evidence were held insufficient to rebut the workman’s evidence and the court ordered reinstatement of workman with back wages and consequential benefits.