https://www.taxtmi.com/caselaws?id=297557 Entitlement to back wages depends on evidence of the workman's non-employment during the relevant period, and the burden does not rest on the employer alone; the person asserting unemployment must lay the factual foundation. Where serious and repeated misconduct is proved, including unauthorized absence and indiscipline, discretion under Section 11A of the Industrial Disputes Act must be exercised judicially with regard to the gravity of the charges. On those facts, 50% back wages was found unsustainable, and back wages were denied while amounts already paid were protected from recovery. en-us Fri, 12 Dec 2008 00:00:00 +0530 Fri, 10 Sep 2021 11:36:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297557 Entitlement to back wages depends on evidence of the workman's non-employment during the relevant period, and the burden does not rest on the employer alone; the person asserting unemployment must lay the factual foundation. Where serious and repeated misconduct is proved, including unauthorized absence and indiscipline, discretion under Section 11A of the Industrial Disputes Act must be exercised judicially with regard to the gravity of the charges. On those facts, 50% back wages was found unsustainable, and back wages were denied while amounts already paid were protected from recovery. Case-Laws Indian Laws Fri, 12 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297557