CHIEF ENGINEER Vs. M P DWIVEDI

JUDGEMENT

(1.) THIS writ petition by the employer, challenges the award of back wages by the Labour Court on the ground that the workman had not proved that during the termination period he was not gainfully employed elsewhere. We have heard the Counsel.

(2.) IT has not been disputed that the workman had pleaded that he was not gainfully employed during such period. The employer has filed this writ petition on the ground that the workman did not prove that he was not gainfully employed. That is not the law. Once the employee pleads that he was not gainfully employed during the period of termination, the burden lies upon the employer to prove when, how and where the employee was gainfully employed during the period he stood terminated.