NEW DELHI: A dismissed employee, whose services have been reinstated by a court, can claim back wages only after proving that he was not gainfully employed during the period of dismissal, but not as a right, the Supreme Court has said.
A bench of Justices A M Sapre and S A Nazeer said the employer was also entitled to prove against the employee that he was gainfully employed during the period and was hence not entitled to claim any back wages.
It, however, made it clear that the “initial burden” to prove this was on the employee.
“In other words, a workman has no right to claim back wages from his employer as a right only because the Court has set aside his dismissal order in his favour and directed his reinstatement in service,”the bench said.
“It is necessary for the workman in such cases to plead and prove with the aid of evidence that after his dismissal from the service, he was not gainfully employed anywhere and had no earning to maintain himself or/and his family,” it said. (AGENCIES)