Geb And Anr. vs Maganbhai Chhaganbhai Patel on 7 September, 2006
If that is discharged then onus shifts upon the employer to disprove the facts. In this case, it is not disproved by petitioner. The petitioners have not produced total musters before the Labour Court. This aspect has been considered by this Court in SCA No. 5566 of 1999 in the case of Gujarat State Forest Development Corporation Ltd. v. Budhabhai Kamjibhai Nizama dated 31.8.2006. The relevant para.11, 12 and 15 are quoted as under: