STATE OF GUJARAT Vs. NARANBHAI MAGANBHAI PATNI

JUDGEMENT

(1.) The petitioner-State Government, being aggrieved by the award dated 22nd April, 1999 passed by the learned Labour Court, Ahmedabad in Reference (LCA) No.1525 of 1991, is before this Court with a submission that the learned Court below could not make the award in favour of the workman.

(2.) After taking me through paragraph 10 of the award, the learned Counsel for the petitioner submitted that the learned Court below had placed wrong burden of proof on the petitioner, observing that it was the duty of the petitioner to produce complete service records and as the petitioner did not produce complete service records, an adverse inference would be drawn against the petitioner. His submission is that the Apex Court has repeatedly observed that the basic burden to prove a particular fact is upon the party who is alleging it and once he discharges the burden, then, the onus would shift upon the other side to disprove the same.

(3.) Shri Medipally, learned Counsel for the respondent-workman, however, submitted that as the petitioner was to maintain the records and it, being in possession of the records, has not produced the same, the learned Court below was justified in drawing the adverse inference against the petitioner.