1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO.950/2000 M. S. R. T. C. Magpur. ..versus.. Abdul Jalil Abdul Kadir thr. Lrs. Smt.Akhatarbai and others Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. Charpe, Advocate for the petitioner. C ORAM : K.U.CHANDIWAL, J. DATED : 23rd JULY, 2010. P.C. Heard learned counsel for the petitioner-employer M.S.R.T.C. The respondent-driver was absent from duties on 06/08/1989 till 23/08/1989, thereafter on 24/08/1989 to 30/09/1989. Enquiry was conducted and he was found guilty of dereliction of duty and relieved off by serving dismissal order. Unfortunately, the employee- respondent expired on 04/06/2002. The learned Judge by order dated 3rd March, 1998 directed the employer to reinstate the employee with continuity of service and back wages. Due to death of the employee-respondent, the reinstatement is not possible, nor claim. The fact now remains about the back wages. There was no evidence adduced by the employee, the driver, that after his dismissal by the employer, he remained unemployed or that he had no 2 earning as a whole. Considering lack of evidence even pleading, there was no justification on the part of the learned Judge to direct payment of back wages. Reinstatement in service by itself will not provide automatic grant of payment of back wages or continuity of service. The order of the learned Judge, therefore, calls for interference. It is accordingly to that extent set aside. Writ petition allowed. Rule made absolute. No costs. (K.U.Chandiwal) JUDGE. Khunte