1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7669 OF 2008 WITH WRIT PETITION NO.7670 OF 2008 Daji Krishna Patil ..Petitioner. Vs. Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Limited through the Administrator ..Respondent. .... Mr. A.S. Khandeparkar i/b Khandeparkar & Associates for the Petitioner. None for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 25th November, 2008. P.C. : 1. The workman has instituted proceedings under Article 226 to challenge the judgment of the Industrial Court dated 11th July, 2008 insofar as it sets aside a direction of the Labour Court for the grant of backwages. The Labour Court granted backwages to the extent of 40% together with reinstatement and continuity of service. The order in regard to the backwages has been set aside by the Industrial Court. In these proceedings the Court is only concerned with the correctness 2 of the order passed by the Industrial Court insofar as it denies backwages. 2. It has not been disputed during the course of these proceedings that the Petitioner holds an LIC agency and that he did not step into the witness box to establish that upon the termination of his services, he was not gainfully employed. The Industrial Court has correctly appreciated the law laid down by the Supreme Court in coming to the conclusion that the Petitioner had failed to discharge the burden of establishing that he was not gainfully employed upon his termination from service. In that view of the matter, the denial of backwages by the Industrial Court does not warrant interference. Both the Petitions shall accordingly stand dismissed. *****