Evidence Act not applicable in its strict sence in labour laws

Vikas Kr. Sinha (Querist) 21 December 2008 This query is : Resolved
Hi friends,
I am in need of a decision of High/S.C in the follwing subject:

Postal Peons who wrote "Refusal Note" on the envelop of a registered notice issued by the court, is not required to be examined as a witness. Only the remark "Refusal" is sufficient for the purpose of proving the fact that the party refused to accept the notice.

Vikas

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Murali Krishna (Expert) 21 December 2008
Endorsement of refusal by postman, under S.27 of Post office Act, is a presumption that the same is served. Postman not to be examined.

Refer(2005)6 SCC 478 for case law.

Vikas Kr. Sinha (Querist) 22 December 2008
Thanks a lot this decision is realy helpful for me.

Hiralal Das (Expert) 08 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.

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