JAYANTILAL RAMANLAL JAYASWAL Vs. GUJARAT HOMEOPATHIC SOCIETY

JUDGEMENT

(1.) Present is the appeal filed by the appellant against the judgment and order passed by the learned Single Judge in Special Civil Application No.2269 of 1988, whereby the learned Single Judge did not grant the consequential back wages.

(2.) Major portion of the judgment has gone against the appellant. The appellant assailed the part of the judgment and order of the learned Single Judge, wherein the appellant was not granted the relief of back wages, though relief of reinstatement was granted. The learned Single Judge has given reasons for not granting back wages inter alia that after termination of the services of the appellant, the appellant had joined another services and there, he had been working till the decision was rendered by this Court. Therefore, he was gainfully employed and before he joined the services in another College, he had been running a clinic and also running a medical store, therefore, there was enough earning generated by the employee while he was not in employment.

(3.) It is a case where it can safely be said that the employee was in gainful employment and, therefore, the learned Single Judge did not grant any back wages, which is, in our considered opinion, right so.