The position of DA case was mentioned in regard to the previous general statement of onus of proof in criminal cases. The issue is mainly termination of queriest service on whatever grounds. In our country, the onus of proof should be governed by the following law:
The Bombay High Court in Mukund Staff And Officers' vs Mukund Ltd. In 2007 held as follows:
"16. Therefore, prima facie the burden lies upon the workmen to establish its claim as specific disputes have been raised against the order of termination and claimed reinstatement of full back wages and continuity of service."