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2026 LLR WEB 979 (BOMBAY HIGH COURT)
Once termination is illegal, back wages follow reinstatement unless the employer proves the workman was gainfully employed elsewhere.

UNFAIR LABOUR PRACTICE - Back wages - Burden of proof - Gainful employment - Reinstatement with continuity - COVID-19 disruption - Moulding of relief - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 28, Section 44, Schedule IV, Items 1(a)(b) - Article 226 of the Constitution of India - The Petitioner, a delivery boy with over two decades of service, was not permitted to resume... subscribe to read more..

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