https://www.taxtmi.com/caselaws?id=296020 Where termination is set aside for an illegal, arbitrary or victimising inquiry conducted in breach of natural justice, reinstatement ordinarily carries full back wages. The Court distinguished such cases from matters where only the punishment is modified after a proved misconduct finding. It also held that an employee need only plead non-employment; the burden then shifts to the employer to prove gainful employment or comparable earnings during the relevant period. On the facts, the employer failed to dislodge the claim of unemployment, so denial of back wages was unsustainable and the award directing reinstatement with full back wages was restored. en-us Mon, 12 Aug 2013 00:00:00 +0530 Mon, 14 Jul 2025 11:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296020 Where termination is set aside for an illegal, arbitrary or victimising inquiry conducted in breach of natural justice, reinstatement ordinarily carries full back wages. The Court distinguished such cases from matters where only the punishment is modified after a proved misconduct finding. It also held that an employee need only plead non-employment; the burden then shifts to the employer to prove gainful employment or comparable earnings during the relevant period. On the facts, the employer failed to dislodge the claim of unemployment, so denial of back wages was unsustainable and the award directing reinstatement with full back wages was restored. Case-Laws Indian Laws Mon, 12 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296020