THE HON’BLE MR JUSTISCE L. NARASIMHA REDDY Writ Petition No.17445 of 2008 ORDER: The petitioner is employed as a Driver in the A.P.S.R.T.C. He was removed from service on disciplinary grounds, through an order dated 25- 02-1999. After exhausting the departmental remedies, he filed I.D.No.46 of 2005 before the Labour Court, Guntur. The Labour Court passed an Award, dated 11-12- 2007, setting aside the order of removal, and directing the reinstatement of the petitioner with continuity of service and attendant benefits, but without back wages. The petitioner feels aggrieved by the denial of back wages. Heard the learned counsel for the petitioner, and learned Standing Counsel for the respondents. The Labour Court has undertaken extensive discussion in support of its conclusion, be it, differing with the findings, recorded by the Inquiry Officer, or, for granting the relief of continuity of service and attendant benefits. On the question of back wages, the Labour Court relied upon the two decisions of the Supreme Court in General Manager, Haryana Roadways v. Rudham Singh a n d U.P. State Brassware Corporation Ltd., v. Uday Narain Pandey. It was observed that the burden rests upon the employee, to prove that he was not gainfully employed for the period, during which, he was out of service, and unless the burden is discharged, he cannot be extended the relief of back wages. It was recorded that the petitioner did not plead and prove the said fact. In that view of the matter, this Court is not inclined to interfere with the finding of fact, recorded by the Labour Court. The writ petition is accordingly dismissed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.12-08-2008. KO