Held. Back-wages, on reinstatement , have been rightly declined by the Labour Court since the work-person has failed to plead and prove about her unemployment during interregnum hence writ petition as filed is liable to be rejected.
Initial onus of proof lies upon the employee that she remained unemployed after her termination from service.
Merely the work-person has stated in her cross-examination that she was not gainfully employed, will not be sufficient for grant of back-wages when she has not stated so in her statement.
Pratima Seth ( Miss) vs The Management of M/s Ansal Properties & Industries Ltd. & Ors 2007 LLR 466 Delhi High Court.
Initial onus of proof lies upon the employee that she remained unemployed after her termination from service.
Merely the work-person has stated in her cross-examination that she was not gainfully employed, will not be sufficient for grant of back-wages when she has not stated so in her statement.
Pratima Seth ( Miss) vs The Management of M/s Ansal Properties & Industries Ltd. & Ors 2007 LLR 466 Delhi High Court.
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