https://www.taxtmi.com/caselaws?id=311046 Under Section 11A of the Industrial Disputes Act, 1947, reinstatement with full back wages is discretionary, not automatic. In deciding the proper relief, the Court must consider the nature and duration of employment, the employer's financial condition, and whether the workman has first discharged the burden of showing non-gainful employment after termination. The burden on non-employment is initially negative and lies on the workman, with the onus shifting only after that threshold is met. Where the employer is a sick unit and employment was short and intermittent, equity may justify compensation in place of reinstatement with full back wages. The award was set aside and compensation was substituted. en-us Wed, 01 Oct 2008 00:00:00 +0530 Tue, 05 Dec 2023 10:11:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311046 Under Section 11A of the Industrial Disputes Act, 1947, reinstatement with full back wages is discretionary, not automatic. In deciding the proper relief, the Court must consider the nature and duration of employment, the employer's financial condition, and whether the workman has first discharged the burden of showing non-gainful employment after termination. The burden on non-employment is initially negative and lies on the workman, with the onus shifting only after that threshold is met. Where the employer is a sick unit and employment was short and intermittent, equity may justify compensation in place of reinstatement with full back wages. The award was set aside and compensation was substituted. Case-Laws Indian Laws Wed, 01 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311046