Employer Withholding Best Evidence, Grounds To Draw Adverse Inference In Favor Of Employee: Calcutta HC
Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt held that an employee engaged as a 'badli' worker for over 37 years was entitled to gratuity. The court held that an employer's failure to produce best evidence leads to an adverse inference against the employer, and the burden of proving non-eligibility lies with the employer. Counsel for the employee, Mr. Uddipan Banerjee, argued that Ismail had been engaged for 37 years in a continuous capacity, and the employer failed to provide any evidence to contradict this fact. Relying on Union of India v. Ibrahim Uddin, the court held that where an employer fails to produce employment records, an adverse inference must be drawn against him. 16456-60 of 2005), and held that an employer withholding best evidence allows the court to draw an adverse inference in favor of the employee.
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