1 wp295.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 295 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Ms. S.P. Mahajan, Advocate for the petitioner. Mr. S.T. Kazi, Advocate for respondent no.2. 1. Heard finally. The controversy is about to entitlement of respondent no. 2 to back wages for the period from 25.06.2010 to 2nd February, 2011. It is not in dispute that he has joined the duties from 2nd February, 2011 and continuity is also given to him by School Tribunal. 2. Advocate Ms. Mahajan has contended that there is no affidavit or other material before the School Tribunal to show absence of gainful employment. She has therefore placed reliance upon the judgment of Hon'ble Apex Court reported at "2008 AIR SCW 7194" ( M.P. Electricity Board and Ors. V/s Maiku Prasad) to substantiate her 2 wp295.11 contention. 3. Advocate Mr. Kazi for respondent no.2 states that the School Tribunal has found that the present respondent no.2 was never terminated and all the while he was contesting the appeal before the School Tribunal. This itself shows that he did not have any alternate employment. 4. The respondent no.2 has established that his services are otherwise terminated by the Management on 25.06.2010. The School Tribunal has granted relief of reinstatement along with back wages and continuity in service. The burden to show his entitlement to back wages was upon the respondent no.2. He has not filed any affidavit or evidence before the School Tribunal to show that entitlement. 5. However, all the while he has contended that he was terminated and was trying to get back the employment and the management has contended that he was absconding. In this situation, the interest of justice will be met by directing the petitioner to pay to the respondent no.2 50% of back wages for the period mentioned above within a period of three months from today. If the back wages are not so paid, the respondent no.2 shall be entitled to recover the same in accordance with law with 8% interest upon it from the date of 3 wp295.11 judgment of the School Tribunal till its realisation. 6. The impugned judgment and order is thus partly modified only to the extent above. The Writ Petition is partly allowed. No costs. (B.P. DHARMADHIKARI) JUDGE. 15.02.2011 gas/wp295.11