Supreme Court in Salim Ali Centre for Ornithology & Natural History, Coimbatore & Another vs. Dr. Mathew K. Sebastian S.L.A. No. 5218/2022, while allowing back wages claimed by an employee reiterated its observation [made in J.K. Synthetics Ltd. vs. K.P. Agrawal, (2007) 2 SCC 433] that once an employee asserted on oath that he was neither employed nor engaged in any gainful business or venture and that he did not have any income, thereafter the employee is not supposed to prove the negative that he was not gainfully employed and the onus will shift to the employer to prove that the employee was gainfully employed.
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