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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA
Surendra Jha S/o Late Yugal Kishore Jha – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ANIL KUMAR SINHA, J.
1. The present writ application has been filed for quashing the order, dated 27.02.2017, passed by the Principal Secretary, Department of Industries, Government of Bihar, Patna, in Appeal No. 01/2015, whereby the appeal filed by the petitioner, challenging the rejection of his claim for back wages, has been dismissed. The petitioner has further prayed for quashing the order, contained in Memo No. 6861, dated 05.12.2014, issued by the Managing Director, Bihar Industrial Area Development Authority, rejecting his claim for back wages for the period from 01.12.2007 to 03.07.2014, and also for issuance of a direction to the respondents to release full back wages for the said period along with penal interest.
2. The case of the petitioner, in brief, is that the petitione was appointed as Peon on 07.05.1979 in the erstwhile North Bihar Industrial Area Development Authority. After formation of Bihar Industrial Area Development Authority (hereinafter referred to as ‘the BIADA’) in the year 2003, the services of the petitioner was transferred to the newly formed Authority.
3. On 27.09.2007, the petitioner was served with a charge memo alleging unauthorized absence
An employee unlawfully dismissed is generally entitled to back wages unless the employer proves gainful employment during the relevant period.
Reinstatement after wrongful termination entitles an employee to back wages unless the employer proves otherwise, even if a minor penalty like censure is imposed.
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.
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.
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.
The doctrine of 'no work no pay' applies unless the employee proves lack of gainful employment during the disputed period, placing the burden of proof on both parties.
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