/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1664 OF 1997 The Executive Engineer, Public Works Department, Nandurbar, District Dhule and Others ...Petitioners Vs. Shri Vijaykumar Popatrao Ahirrao ...Respondent ---- Mr.A.P. Vanarase AGP for Petitioner None for Respondent CORAM: V.M. KANADE J. DATED JUNE 24, 2008 P.C. 1. Shri Vanarase AGP - Learned Counsel appearing on behalf of the Petitioner. None appear on behalf of the Respondent, though he was served. Rule was granted on 3rd April,1997 and interim relief in terms of prayer clause (b) was granted. Specific condition was imposed by this Court while granting the ad interim relief and the Petitioner was directed to re-instate the Respondent on or before 30th April, 1997. 2. The Respondent was working with the Petitioner and his services were terminated. Hence, this order to file a complaint under MRTU & PULP Act in the Labour Court, which was allowed and the Respondent and the Exeutive Engineer was directed to re-instate the workman with backwages. / 2 / This order was challenged before the Industrial Court in Revision, a Revision Application was also rejected. The Petitioner has filed an affidavit stating therein that the Respondent has been reinstated from 9.1.1997. It is further stated that the Resondent is not entitled to get backwages from 1.5.1998 to 8.1.1997. 3. It is settled position in law that the workman whose services are terminated is not entitled to get backwages as a matter of right and he has to established that he was not gainfully employed during the pendency of the complaint. 4. Though the Respondent was served, non-appear on behalf of the respondent. In the peculiar facts and circumstances of the present case, in my view the Respondent is not entitled to get backwages. The impugned order passed by the Labour Court and the Industrial Court to the extent that it awarded backwages to the Respondent is quashed and set aside. Rule is made absolute. Under the circumstances there shall be no order as to costs. V.M. KANADE J.