In Brief
A Chartered Accountant wrongfully terminated after being suspended on a technicality following late reporting caused by his father's death was denied backwages by the High Court despite ordering reinstatement. The Supreme Court held that the termination lacked legal basis and appeared motivated by victimization. The Court clarified that in wrongful termination cases, employees need only plead they were not gainfully employed; the burden shifts to the employer to prove otherwise. While acknowledging the employee earned some income from accountancy work, the Court directed payment of Rs. 80 lakhs as reasonable backwages, partly allowing the appeal."
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