Terminated staffer has right to back wages: Hyderabad High Court

Hyderabad: The Hyderabad High Court has held the once the employee makes a plea that he was not gainfully employed during the period of his termination and reinstatement, the onus lies on the employer to prove that the employee was employed.

A division bench comprising Justice P.V. Sanjay Kumar and Justice M.P. Kesava Rao was dismissing an appeal by the APSRTC challenging an order of a single judge allowing the plea of a conductor P. Nageswar Reddy holding that he was entitled to back wages for the period he was out of service. Mr Nageswar Reddy, a conductor, was allegedly removed from service on September 25, 1997 due to union activities. When he moved the labour court, it directed the  RTC to reinstate him without back wages. He approached the High Court and a single judge held that he was entitled for the same.

The RTC then argued that Mr Nageswar Reddy did not place on record any material to show that he was not gainfully employed after his termination. The case which was taken up by a two-judge bench pointed out, “The onus lies on the employer to produce evidence to rebut his statement.” While upholding the single judge order, the bench declared that the respondent was entitled for the relief as sought in the writ.