Verbal termination of employment after challenging show cause notice threatening termination

You are welcome and thanks for understanding and appreciation.

Now another issue raised by the Responent institute is that I have to prove that I was not gainfully employed for the period I have been claiming the compensation for the period after verbally terminated by the Responent.

There are judgements by the Apex Court that if the employer wants to avoid the backwages or compensation, then the onus of proof rests with the exemployer that the employee was employed gainfully at equal or at lesser income for that period. 

I have already submitted with affidavit that I couldn't join other institute in absence of relieving letter and no due certificate, demanded by me several times in black and white. Hence, I must get compensation for the period I remained unemployed.

Is it advisable to produce ITRs for the corresponding years to prove that I was not gainfully employed. It may cut short the argument period.

Before joining academics, I served ISRO for 22 years, hence I receive pension accordingly. My income suddenly reduces to around to 5 lakhs from previous year's total income around 15 lakhs as employee of Respondent Institute. The drastic reduction in income is proof of unemployment. 

Also I believe, the income from pension can not be considered as income from gainful employment for that period of unemployment.

"finally I submitted successive nominees' affidavit to Tribunal with copy to High Court and Supreme Court."

What is the relevance of such an affidavit? Are you represented by an advocate or appearing in person?

It appears that you are not well informed of the procedures before a judicial forum. Your ill informed approach would only render the resolution of the issue complex.

Venu sir, 

I am represented by learned advocate. You are right submitting such affidavit is not part of judicial procedure. I am 70 years now. I have many health problems. If only God wishes, I will be able enjoy fruits of my dues in my life time.

There are instances where in absence of nominees/succession certificate, the family member have to struggle to prove their right. Even Will is sometimes misplaced or challenged. 

So with a request to the Learned Tribunal, I submitted the affidavit, so that it is safe with the judicial system.

Sir, even after 45 pleading dates, I am back to square one. Though the High Court directed to the Tribunal to conclude my case as expeditiously as possible, being senior citizen, I am given next hearing date in mid June. 

As per law, it may look ridiculous to submit such affidavit, at least I feel secure about future financial needs of my family.

You are allowing yourself to be misguided by hasty and ill-informed presumptions. Let the Tribunal decide your application in due course. You need to brief the advocate on quuestions of fact. He will take care mof the questions of law.

You have waited all these years, hence at this point of time you may hav to take considered decision using your prudence and experiences instead of taking any hasty decision misguided by your anxiety. You have seen enough of the judicial process, hence you may  hold your breath with little more patience at the fag end of the litigation process if you want to see the fruits of your struggle that you deserve.  

Many many thanks Sir for your kind advice to have patience.

You are welcome for your understanding and appreciations. 

Originally posted by : Sankara rao Korada
	Aphighcourt service matter. Cse. No. Wp. 22519.of.2011.filig.08/08/2011.ia.1/2011.(wpmp27504) listig. 21/09/2022..pershdigs.full.shets.peritisner.kurititi.basakararao.advct.rsponednt.b.prakasaam.sr.sc.for.amc.k.sankararao.vizinagaram.dast.

Jinig. 1996.yers.16.servce