Income from agricultural pursuits is 'gainful employment': SC

New Delhi, Jan 10 (UNI) The Supreme Court has held that income from agricultural pursuits amounts to ''gainful employment'' and a person having earnings from farming is not entitled to full back wages on reinstatement.

A bench comprising Mr Justices A R Lakshmanan and Altamas Kabir in judgement, yesterday, held that the worker dismissed from service on account of misconduct was not entitled to full back wages on account of ''forced idleness'' of the workman.

The apex court allowed the appeal of North East Karnataka Road Transport Corporation and restored the order of the labour court passed on February 23, 1998 awarding 50 per cent back wages to M Nagangouda.

The respondent was a conductor who on October 5, 1980 was caught not issuing tickets to the passengers even after charging the fare from them. After an inquiry he was dismissed from the service.

The apex court directed that if full back wages had already been paid to the respondent the Corporation would be entitled to recover the same from him.

The court held ''in our view gainful employment would also include self employment where from income is generated. The labour court was not justified in holding that merely because the respondent was receiving agricultural income, he could not be treated to be engaged in gainful employment''.

UNI