the burden of proof is on the workman to show that
he had worked for 240 days in given year. Burden of proof to
establish completion of 240 days of work within a period of 12
months preceding the termination lies on workman not on the
management
It is surpising, how and what proof an employee can produce about his attendance. He only reports for duty which is entered by the employer in his records and what document the concerned employee is given by the employer as a proof his reporting ? May be his pay roll slip when his salary is paid ? This is already available with the employer himself. This has to be provided by the employee in case of any dispute. Most Pay slip doesn't contain the attendance particulars excepting elements of pay, deductions & net pay. Kumar.S.A.K.
There is need to see whether the contractual employees are covered by the citation or not.
You are not logged in . Please login to post comments.
Click here to Login / Register
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Which case it is held?