Onus of proof is always on the employee who alleges wrongful dismissal and claims back wages, to establish that the employee was not gainfully employed post the dismissal. An employee in a transferable job has no vested right to remain posted in one place.
The Calcutta High Court has observed perhaps what most of the legal profession has thought at some point of time - the time has possibly come to have a re-look at Section 27 of the Indian Contract Act since times have changed.
Our latest Employment Corner bulletin discusses these judgments, showcases critical statutory updates and also addresses market trends that are breaking ground at the workplace like employers covering employees' gender reaffirming surgeries, extension of benefits to employees' partners and same-sex partners, constitution of standalone D&I boards within organisations and attempts by employers to transition their delivery partners into full time managerial positions. To answer the question on everyone's mind - no, the Wage Code, as of this moment, has not been made effective!