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 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
that the respondent ought to
have proved that he was not gainfully employed and that the initial
burden was on the respondent. It is context ... respondent has discharged the burden of proving that he
was not gainfully employed after his termination. He submits that the
respondent having discharged his burden
otherwise, the appellant failed to show that the
appellant was not gainfully employed during the pendency of
appeal and not complied the conditions to grant ... under suspension from 14.11.2006 till this date. She was not
gainfully employed anywhere during this period and hence she is
entitled for back wages from
neither
pleaded nor deposed that after his termination he was not gainfully
employed anywhere. Inspite of this, the labour court presumed that ... gainfully employed and awarded full back wages for which
there is no justification. The learned counsel also contended that
there was no justification to condone
premise
that the burden to show that the workman was
gainfully employed during interregnum period
was on the employer. This Court, in a number ... Court
of first instance that he/she was not
gainfully employed or was employed on lesser
wages. If the employer wants to avoid payment
premise
that the burden to show that the workman was
gainfully employed during interregnum period
was on the employer. This Court, in a number ... Court
of first instance that he/she was not
gainfully employed or was employed on lesser
wages. If the employer wants to avoid payment
premise
that the burden to show that the workman was
gainfully employed during interregnum period
was on the employer. This Court, in a number ... Court
of first instance that he/she was not
gainfully employed or was employed on lesser
wages. If the employer wants to avoid payment
that, in the intervening period, the respondent No. 1
was not gainfully employed. Mr. Patel would urge that what
accentuates the situation in the instant ... employee to plead that she was not gainfully employed and
no affidavit that the respondent No. 1 had not been gainfully
employed was placed