Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 23.09.2026
Case Overview
- Petitioner: Nagar Panchayat Lormi, represented by Chief Municipal Officer Sabina Tandon, seeks to overturn the Labour Court award dated 19.09.2022 (Case No.10/I.D.Act/Reference/2017) that partially allowed the workman's claim for reinstatement and 25% back wages with interest at 6% per annum.
- Respondent: Paritosh Sahu, former Pump Operator employed from 2005 until July 2016, alleged termination in violation of Sections 25‑F and 25‑G of the Industrial Disputes Act, 1947, and claimed entitlement to reinstatement and back wages.
- The Labour Court had framed issues, heard evidence, and passed the award. The petitioner argued the workman was engaged through a placement agency, lacked an appointment order, and did not work 240 days in the preceding year, thus lacking right to claim.
- Evidence: Chief Municipal Officer admitted the workman was engaged on daily wages as Pump Operator, though through a placement agency; no documentary proof was produced. The workman filed RTI applications for attendance register, muster‑roll, pay slips, which were not supplied.
- The Court referred to Supreme Court precedents (Director, Fisheries Terminal Dept. vs. Bhikubhai Meghajibhai Chavda, 2010; R.M. Yellatty vs. Assistant Executive Engineer, 2006) emphasizing that the burden of proof lies on the claimant to show 240 days of work, and adverse inference may be drawn when employer fails to produce records.
Final Outcome
- The High Court held that the employer failed to place relevant documents to refute the workman's claim and that the burden of proof was satisfied by the claimant. Consequently, the petition challenging the Labour Court award is dismissed, and the award directing reinstatement and 25% back wages with 6% interest remains in force.
Topics: Labour Law, Industrial Disputes, Municipal Employment