KARNATAKA TELECOM DEPARTMENT Vs. SURESH

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 28/9/2018 passed in Appeal No.90/2014 by the Karnataka Appellate Tribunal (for short, "KAT"), Bengaluru, whereby the KAT not only directed reinstatement of the respondent No.1 to the petitioner-Society but also directed payment of backwages for the period from the date of dismissal till the date of reinstatement.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) In addition to reiterating the various contentions urged in the memorandum of petition and referring to the documents produced, learned Senior Counsel for the petitioner invites my attention to the impugned order in order to point out that the KAT has failed to consider and appreciate that backwages cannot be claimed as a matter of right and that upon reinstatement, backwages could have been granted only if the respondent No.1 had pleaded and proved that he had not been gainfully employed during the period from the date of dismissal till the date of reinstatement. In this context, it is submitted that the impugned order passed by the KAT without considering or appreciating the said aspect of the matter is not only contrary to the material on record but also contrary to the law laid down by the Apex Court in several judgments including: