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
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
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
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
gainfully
employment at the initial stage itself, since the
respondent was aware of the stand of the
workmen that they were not gainfully
employed ... regards gainful employment of
the workmen, if the workman in his claim
statement has made an averment that he
is not gainfully employed.
13. Answer
pleading and proof that the
Respondent No.1 was not gainfully employed since the termination of his services. In
fact, the Respondent ... accounts, which would have revealed that the Respondent No.1 was gainfully
employed and had sumptuous earning, and, therefore, it was incumbent upon the
Labour
proving gainful employment on the part of
the Workman, the Workman cannot be expected to prove the
negative that he was not gainfully employed ... prove gainful employment by employee/ workman shifts on the
employer who has to then lead evidence to prove that he/she was
gainfully employed
fact that no
pleading to the effect that the respondent was gainfully employed or not,
has passed the award of making payment of back wages ... that a pleading to the effect that gainful employment, the concerned
employee who has not been gainfully employed ought to have been taken
before
wages. It is submitted that the burden of proof
of being gainfully employed post termination of the services of the petitioner
was on the respondent ... aver and
prove that he was un-employed or not gainfully employed post termination
of his services. It is submitted that although, it has been
raise any plea in his written statement that he was not gainfully employed and did not discharge the initial burden before the labour court ... plead and prove that during the intervening period the employee was gainfully employed and was getting emoluments. For a ready reference paragraph
