FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8590 OF 2010 “State of Maharashtra and another Vs. Dr. Vijaykumar Baliram Sarwade” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. N.B. Patil, AGP for petitioners Mr. V.G. Sakolkar, Advocate for the respondent CORAM :- B.R. GAVAI & A.A. SAYED, JJ. DATE :- 12th OCTOBER, 2010. 1] By now, it is a settled principle of law that so far as grant of back wages is concerned, initially the burden is on the employee to establish that he was not gainfully employed when he was out of employment. Only after the employee discharges his burden, the burden would shift upon the employer. In that view of the matter, we prima facie find that the impugned order in so far as payment of back wages is concerned, would not be sustainable. 2] Hence, issue Rule. There shall be stay only in so far as direction to pay the back wages is concerned. [A.A. SAYED, J.] [B.R. GAVAI, J.] grt/- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8590 OF 2010 “State of Maharashtra and another Vs. Dr. Vijaykumar Baliram Sarwade” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2