In Brief
An employer challenged a Labour Court award directing reinstatement of a dismissed driver with full back wages for 13 years. The Supreme Court held that back wages are not automatically awarded upon setting aside dismissal; the worker must prove he was not gainfully employed during the dismissal period. As neither party pleaded evidence on this material fact, the Court modified the award to 50% back wages using Article 142 powers to do substantial justice, considering the worker's death and litigation period. The appeal succeeded in part.
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