ORDER

1. The present appeal has been filed by the appellant under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005, being aggrieved by order dated 8.1.2019 passed by the learned Single Judge whereby the writ petition, filed by the respondent M.P. State Agriculture Marketing Board, in respect of the award of full back wages to the appellant herein has been allowed.

2. The learned counsel appearing for the appellant, on the strength of the decision rendered in the cases of Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.ED.) and others [(2013)10 SCC 324] and Raj Kumar v. Dir. of Education & Ors, [(2016)6 SCC 541], submits that the learned Single Judge has wrongly appreciated the law in this regard while denying backwages to the appellant. It is submitted that even in the absence of any pleadings, as the appellant has made a statement during her examination before the Labour Court that she was not gainfully employed and the respondent i.e. the Management did not produce any evidence to rebut the same, therefore, her claim for backwages has rightly been allowed by the Labour Court. It is submitted that the learned single Judge, whil