2024 LLR WEB 13 (PUNJAB AND HARYANA HIGH COURT)
Mere affidavit is not sufficient to prove that the employee had worked for 240 days

A. CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 - Termination of Service - Daily Wage Labour - Petitioner filed Civil Writ Petition under Articles 226/227 of Constitution of India, seeking quashing of Labour Court award - Labour Court answered reference regarding termination of services of workman against Petitioner - High Court held that workman has failed to prove his case by producing any documentary evidence except making oral statement that he had worked for more than 240 days in every calendar year - Filing of affidavit in his favour cannot be regarded as sufficient evidence to conclude that Petition worked for 240 days in year - No relief can be granted to Petitioner - Petition dismissed. [Paras 16 and 17]
B. EMPLOYER-EMPLOYEE RELATIONSHIP - Burden of proof - 240 days - Burden of proof that workman worked for 240 days in given year was on workman - Mere affidavits or self-serving statements made by claimant/workman will not suffice - Mere non-production of muster... subscribe to read more..