Voluntary abandonment must be proved by reliable evidence, and unsupported claims of gainful employment will not defeat full back wages on reinstatement.

Voluntary abandonment of service must be proved by the employer with reliable evidence when the workman was admittedly in service up to the relevant date; a photocopied receipt, not properly confronted and found unreliable on surrounding circumstances, was insufficient, so wrongful termination was affirmed. On back wages, where the labour court's reduction rested on an overruled precedent and no admissible material showed gainful employment during the period out of service, the basis for limiting relief disappeared, and full back wages on reinstatement were sustained.

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Issues: (i) Whether the workman had voluntarily abandoned service and received full and final settlement so as to disprove illegal termination; (ii) whether full back wages were payable on reinstatement.

Issue (i): Whether the workman had voluntarily abandoned service and received full and final settlement so as to disprove illegal termination.

Analysis: The dispute was referred for adjudication under Section 10(1)(c) of the Industrial Disputes Act, 1947. The management carried the burden of proving voluntary cessation of service because the workman had admittedly remained in service up to the relevant date. The documentary receipt relied upon by the management was only a photocopy, was not confronted to the workman, and was found unreliable in view of the surrounding circumstances noticed by the Labour Court. Those factual findings were accepted by the High Court and were not shown to be perverse.

Conclusion: The plea of voluntary abandonment was not proved, and the finding of wrongful termination stood affirmed.

Issue (ii): Whether full back wages were payable on reinstatement.

Analysis: The reduction of back wages by the Labour Court rested mainly on an earlier High Court decision that had later been overruled. No reliable material was shown to establish gainful employment of the workman during the period he was kept out of service, and the additional material sought to be introduced in writ proceedings was rightly not acted upon. In these circumstances, the basis for limiting back wages disappeared, and the award of full back wages was sustained.

Conclusion: Full back wages were payable.

Final Conclusion: The findings of illegal termination, reinstatement, and entitlement to full back wages were upheld, and the employer's challenge failed.

Ratio Decidendi: Where voluntary abandonment of service is asserted, the employer must prove it with reliable evidence; if that plea fails and no legally admissible material establishes gainful employment, reinstatement may carry full back wages.

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