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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
P. Srinivas – Appellant
Versus
APSRTC Rep. by its M.D. – Respondent
ORDER :
1. Petitioner assails action of 2nd respondent in refusing to grant back wages and increments for the period of termination from service, to be illegal, arbitrary, unconstitutional and consequently, for a direction to the respondents for payment of the back wages and necessary increments for the subject period.
2. Petitioner was appointed as Kalasi in the respondent Corporation, which was earmarked for B.C.-A category. Petitioner being ‘Vada Balija’, claimed to be belonging to B.C.-A category, basing on the said caste certificate, he came to be appointed. After putting about six years in service, he was served charge memo, dated 21.01.1998, alleging that the caste certificate, produced by him claiming to be belonging to BC-A category, for the purpose of securing employment, was false and bogues, and therefore, disciplinary proceedings came to be initiated. Petitioner contested the charge-memo, however, ultimately, by proceedings, dated 19.06.1998, his services came to be terminated, holding that the caste certificate so produced was found to be false and bogus. The same came to be eventually challenged in W.P.No.36001 of 1998. After contest, the writ petition has been allowed
In cases of wrongful termination, the standard remedy is reinstatement with back wages unless the employer proves the employee's concurrent gainful employment during the termination period.
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 dominant nature of the employee's duties determines workman status, and the burden of proof lies with the employer to establish the grounds for termination. The grant of backwages in cases of ill....
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.....
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
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