Employee to prove that he was not gainfully employed during the relevant period: SC

National Gandhi Museum Vs Sudhir Sharma (Supreme Court)

In the case of Talwara Cooperative Credit and Service Society Ltd. (supra), this Court has held that the fact whether an employee after dismissal was gainfully employed is within his special knowledge and therefore, considering the principles laid down in Section 106 of the Indian Evidence Act, 1872, the burden is on the employee to come out with a case that he was not gainfully employed during the relevant period.

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

1. National Gandhi Museum is the appellant in these appeals. The appellant has taken an exception to the Judgment and Order dated 30^th November 2009 delivered by a Division Bench of the High Court in Letters Patent Appeal No. 602/2009 and the Order dated 12^th March 2010 by which the application made by the appellant for review of the Judgment and Order dated 30^th November 2009 has been rejected.

FACTUAL CONTROVERSY

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