S.S. Sudhalkar, J. - (1.) THIS writ petition has been filed by the employer challenging part of the award vide which the Labour Court while ordering reinstatement denied 75% backwages to the workman. The Labour Court relied upon M.K. Kohli v. Alfadeal Chemicals, Faridabad, 1997(2) PLR 81 and has observed relying thereon that the petitioner must have been employed somewhere and most be earning something.. We have earlier also dissented from the principles laid down in the case of M.K. Kohli (supra). We cannot just presume that if a man is surviving, he must have been gainfully employed. Learned counsel for the respondent has not been able to show that date of demand no -lice. This case is covered by the case of Hari Palace Ambala, City v. Presiding Officer, Labour Court and another, 1979 PLR 720.
(2.) WE , therefore, allow this writ petition and grant full back wages to the petitioner. Of course the back wages shall be from the date of demand notice. Petition allowed.;