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2013 Supreme(SC) 733

G.S.SINGHVI, V.GOPALA GOWDA
Deepali Gundu Surwase – Appellant
Versus
Kranti Junior Adhyapak Mahavidyalaya – Respondent


Judgement Key Points

The legal principles outlined in the provided document indicate that, generally, an employee who has been wrongfully terminated or whose service has been illegally terminated is entitled to back wages upon reinstatement. However, the employee bears the burden of establishing that they were not gainfully employed during the period of unemployment resulting from the wrongful termination. This means that the employee must specifically plead and prove that they did not have any gainful employment during the intervening period. If the employee fails to do so, the entitlement to full back wages may


JUDGMENT

G.S. SINGHVI, J.

1. Leave granted.

2. The question which arises for consideration in this appeal filed against order dated 28.9.2011 passed by the learned Single Judge of the Bombay High Court, Aurangabad Bench is whether the appellant is entitled to wages for the period during which she was forcibly kept out of service by the management of the school.

3. The appellant was appointed as a teacher in Nandanvan Vidya Mandir (Primary School) run by a trust established and controlled by Bagade family. The grant in aid given by the State Government, which included rent for the building was received by Bagade family because the premises belonged to one of its members, namely, Shri Dulichand. In 2005, the Municipal Corporation of Aurangabad raised a tax bill of Rs.79,974/- by treating the property as commercial. Thereupon, the Headmistress of the school, who was also President of the Trust, addressed a letter to all the employees including the appellant requiring them to contribute a sum of Rs.1500/- per month towards the tax liability. The appellant refused to comply with the dictate of the Headmistress. Annoyed by this, the management issued as many as 25 memos to the appellant and





















































































































































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