Madhya Pradesh High Court in Pankaj Kumar Mishra vs. Krishi Upaj Mandi Samiti (MP No. 865/2018), on May 2, 2025, reinstated a skilled labourer who was orally terminated from service. The Court held that while the initial burden lies with the workman to establish continuous employment for 240 days in the preceding year, once this is done—typically through oral testimony and supporting records—the onus shifts to the employer to rebut the claim with credible documentary evidence. In this case, the workman had successfully discharged his initial burden through available employment records. However, the employer failed to produce any counterevidence to dispute the claim, prompting the Court to draw an adverse inference against them.
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