Summary
A transport driver reinstated after acquittal in a criminal case claimed back wages for 21 July 1994 to 31 August 1999. The Court upheld their denial because reinstatement did not automatically confer back wages and the employee had produced no supporting evidence of nonemployment during the disputed period.
Issues
- Whether reinstatement following criminal acquittal entitled the employee to back wages for the excluded period.
Held
- Reinstatement does not itself create an automatic right to back wages unless expressly awarded. A claim requires evidence concerning lack of gainful employment, with the employer able to show otherwise; relief may be full, partial or refused depending on the circumstances. (¶ 10–12)
- The employee furnished no supporting evidence in his writ petition. The issue had not been raised before an industrial or labour tribunal where evidence could be taken, though both writ courts nonetheless considered the claim. No ground justified interference with their discretion. (¶ 13–16)
Result
Appeal dismissed; denial of back wages for 21 July 1994 to 31 August 1999 upheld.