In industrial cooperative Bank Ltd and others v. State of Assam and ors, the gauhati high court held that the burden of proof of a workman status under industrial dispute act lies on the employee making such claim and not on the management of the organisation .
The high court was dealing with a case filed by the industrial cooperative Bank limited challenging a labour court exparte order which had set aside the decision to terminate an employee accused of involvement in financial irregularities.
It further said that the court had not recorded proper reasons as to why the order dismissing the employee from service was not as per law and it will have to decide that the domestic inquiry against the employee was fair and proper.
Thus the bank appeal was allowed and the compensation amount earlier ordered to. Be paid by the labour court was also set aside .
Written by :Pratik Kumar yadav, College : faculty of law ,du ,an intern under legal vidhiya