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RAVI NATH TILHARI, A. V. RAVINDRA BABU
Depot Manager, Apsrtc – Appellant
Versus
P. Showreelu – Respondent
COMMON JUDGMENT
A.V.Ravindra Babu, J. - Both these Intra Court Appeals are under Clause 15 of Letters Patent, in view of the order of the learned single Judge, dated 28.10.2022, in Writ Petition No.2345 of 2019.
2. Challenge in Writ Appeal No.433 of 2023 is by the appellants viz., the Depot Manager, Andhra Pradesh State Road Transport Corporation (APSRTC), Guntur-I Depot, Guntur and the Regional Manager, APSRTC, Guntur to the order, dated 28.10.2022, in Writ Petition No.2345 of 2019 of the learned single Judge insofar as setting-aside the Award, dated 09.12.2005, in Industrial Dispute No.12 of 2010 of the Labour Court relating to denial of back wages is concerned and challenge in Writ Appeal No.539 of 2023 is to the above said order of the learned single Judge by the appellant/writ petitioner viz., P. Showreelu insofar as allowing back wages from the date of his reinstatement into service instead of from the date of his termination of service.
3. The parties to these Writ Appeals will hereinafter be referred to as described before the learned single Judge in Writ Petition No.2345 of 2019, for the sake of convenience.
4. Brief facts leading to filing of Writ Petition No.2345 of 2019 by
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.
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.....
Workman - Order of Discharge or Dismissal - Section 11-A of the Act is reproduced as Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Cour....
In cases of wrongful termination of service, the employee is entitled to back wages unless the employer proves that the employee was gainfully employed during the relevant period.
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