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M. R. SHAH, B. V. NAGARATHNA
Salim Ali Centre for Ornithology & Natural History, Coimbatore – Appellant
Versus
Mathew K. Sebastian – Respondent
| Table of Content |
|---|
| 1. dismissal and subsequent reinstatement results in entitlement to back wages. (Para 1 , 2) |
| 2. management argues against back wages due to lack of proof of unemployment. (Para 3) |
| 3. court upholds the entitlement for back wages based on circumstances of employment. (Para 4) |
| 4. employee's burden of proof shifts to the employer on asserting unemployment. (Para 5 , 6) |
| 5. principle of 'no work no pay' does not apply when unemployment is due to management's actions. (Para 7) |
| 6. judgment confirmed; management required to pay back wages with interest. (Para 8) |
JUDGMENT :
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.07.2021 passed by the High Court of Judicature at Madras in Writ Appeal No. 35/2021, by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the judgment and order dated 25.02.2020 passed by the learned Single Judge of the High Court allowing writ petition No. 29201 of 2020 preferred by the respondent herein and has directed the petitioners – management to pay back wages along with interest @ 9% per annum to the respondent herein – original writ petitioner for the period from 23.08.2002 to 30.
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
A petitioner must prove non-employment post-retrenchment to claim back wages after reinstatement.
The burden of proof of the employee's unemployment during the interregnum period lies with the employee, and the initial onus is on the employee to plead and prove that he was not gainfully employed.....
The employer bears the burden of proving that the worker was gainfully employed during the dispute period to deny back wages; failure to provide evidence supports the worker's claim to back wages.
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