JUDGMENT :

Anil R. Dave, J.

Leave granted.

2. In the peculiar facts and circumstances of the case we are of the view that the respondent should not have been granted back wages.

3. It is also pertinent to note that the respondent did not lead any evidence to show that he did not work when he was not in service of the appellant during the pendency of the matter. Therefore, in our opinion, it would be just and appropriate not to award any back wages to the respondent.

4. For the aforesaid reason, the impugned judgment and order is modified to the effect that no back wages shall be awarded to the respondent.

5. Appeal stands disposed of as allowed.