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Regional Authority, Dena Bank & Anr vs Ghanshyam on 8 May, 2001

8. A Division Bench of this Court in Unitas Foods Private Limited (supra), while taking note of the decision in Dena Bank (supra), was also in cession of the fact that, besides a mere denial, nothing had been placed on record to demonstrate that the workman was gainfully employed. The onus of proving such fact lies upon the employer, and the same has to be brought on record in the form of some evidence in order to deny the benefit available to the workman under Section 17B of the ID Act. Though learned counsel for the Management stressed that the workman remained unemployed only for some period during the pendency of the claim proceedings, it is pertinent to note that even if a workman is employed briefly, the same would not come in the way of grant of benefit under Section 17B of the ID Act.
Supreme Court of India Cites 8 - Cited by 135 - S S Quadri - Full Document
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