evidence
H. S. Thukral
(Expert) 29 July 2009
Dear Mr. Prabhakar:
a substantial number of workmen should espouse the casue of workmen for existence of an ID. In one case SC held that if a dispute is espused by 5 out of sixty workmen then it can not be said to be an ID. Therefore it becomes imperative that the number of workmen participating in the meeting which espused the cause and led to resolutions be produced in evidence. Non production might harm the union case. In my opinion burden to prove pre-existence of an ID is also on workmen.