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PIYUSH AGRAWAL
Vidya Rawat – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Piyush Agrawal, J.
List has been revised. No one appears on behalf of the respondent no. 3.
2. Heard Shri Akshat Sinha, learned counsel for the petitioner and learned Standing Counsel.
3. The instant writ petition has been filed challenging the award dated 25.06.2006 passed by the Labour Court, 1st, Ghaziabad in Adjudication Case No. 240 of 1994 so far as it has not awarded back wages to the petitioner and grant full back wages from the date of termination till the actual reinstatement.
4. Learned counsel for the petitioner submits that the petitioner was appointed as Assembly Girl by the respondent no. 3 on 19.11.1985. On 14.08.1993, she was terminated from service without any opportunity of hearing or paying retrenchment compensation to her. Thereafter, a reference was made. After exchange of pleadings and evidence, the Labour Court, vide impugned award dated 25.06.2006, has held that the order terminating the services of the petitioner is illegal and directed for reinstatement of the petitioner in service, but did not award any back wages to the petitioner without assigning any reason. He further submits that the said award has not been challenged by the respondent no. 3
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 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.
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.
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
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