https://www.taxtmi.com/caselaws?id=311152 In claims for back wages after reinstatement, the employee bears the initial burden of showing that he was not gainfully employed after termination, because that fact lies within his special knowledge under the principle reflected in Section 106 of the Evidence Act. That burden may be discharged through pleadings, an affidavit, or other material, depending on the facts. Where the record shows an initial assertion of unemployment but later affidavits withdraw or omit that claim, full back wages for the entire period may not be justified. The extent of relief turns on the pleadings, evidence, and surrounding circumstances. en-us Wed, 05 Jul 2023 00:00:00 +0530 Mon, 11 Dec 2023 09:00:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311152 In claims for back wages after reinstatement, the employee bears the initial burden of showing that he was not gainfully employed after termination, because that fact lies within his special knowledge under the principle reflected in Section 106 of the Evidence Act. That burden may be discharged through pleadings, an affidavit, or other material, depending on the facts. Where the record shows an initial assertion of unemployment but later affidavits withdraw or omit that claim, full back wages for the entire period may not be justified. The extent of relief turns on the pleadings, evidence, and surrounding circumstances. Case-Laws Indian Laws Wed, 05 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311152