VidhiSangh

Supreme Court of India · 10/05/2019

THE SUPERINTENDING ENGINEER TWAD BOARD & ANOTHER versus M. NATESAN ETC.

[2019] 7 S.C.R. 862 · 2019 INSC 672

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Summary

The initial burden of proving 240 days’ continuous work rested on the temporary workmen and could not simply be placed on the employer. The Court nevertheless declined further examination of that issue and settled monetary relief in the peculiar circumstances, most workmen having reached retirement age. Existing payments were treated as full satisfaction of back wages, compensation in lieu of reinstatement and other claims, with a specific payment to one deceased workman’s heirs.

Issues

  1. Who initially bore the burden of proving the qualifying continuous service.
  2. How relief should be settled after the long interval and retirement of most workmen.

Held

Result

Appeals disposed of. Amounts already paid to each workman treated as full satisfaction of all claims, including 50% back wages and compensation instead of reinstatement. Board to pay ₹2 lakh to M. Muthuswamy Nadar’s legal representatives. Remaining Labour Court/High Court deposits with accrued interest refunded to Board. Order expressly non-precedential.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 862.