appellant
was kept under suspension from 14.11.2006 and she was not gainfully
employed after the termination of her service and declared that she is
entitled ... finally heard. It was argued that the
appellant was not gainfully employed anywhere during the period
of suspension and termination and therefore, she is entitled
Respondent
no. 2 had produced material to show that Petitioner was gainfully employed
and had been working in Aastha Infracity Ltd. Further the Appellate Court ... Learned counsel for the Petitioner submits that Petitioner was not
gainfully employed. It is submitted that Petitioner had made several
attempts to secure an employment
aggrieved person or where the respondent is stated to be gainfully employed by the complainant or aggrieved person, as the case
with full back wages except to the extent that he was gainfully employed during the enforced idleness. That is the normal rule. (See Hindustan ... course if it could be shown that he had been gainfully employed in the meanwhile. Thus full back wages would be the normal rule
case
of any of the dependents of a government servant being gainfully
employed, whether they are living with the other dependents or not,
the other ... benefit of
appointment on compassionate ground. It further says that 'gainfully
employed‟ means such employment from which the dependents of the
deceased government servant
employees has filed a false
affidavit and was gainfully employed in the
interregnum, the said employee would be bound to
redeposit the said amount ... Union has averred that the workmen are not
employed or gainfully employed or employed for adequate
remuneration despite their sincere efforts. Following is the
stand
that the employer had failed to establish that the petitioner was gainfully employed elsewhere after the termination of his service by the respondent ... part of the employer to establish that the employee was gainfully employed during the time when he was out of employment with the respondent
they have failed to plead or state that they were not gainfully employed. The Labour Court after going through the law cited before it came ... management to deny and prove that the workers were gainfully employed and therefore the workmen were not entitled to back wages.
2. Before proceeding further
entitled to full back wages except to the extent he was gainfully employed during the enforced idleness. That is the normal rule. Any other view ... very means of livelihood.? Therefore no presumption of being gainfully employed can be raised in the light of the principles laid down.
15. In Gujarat
they averred that the members of the respondent union were not gainfully employed in any establishment from the date of the award and, therefore ... employed in any establishment during such period" is an expression of wider magnitude and scope. If the workman was not employed or self-employed
