JUDGMENT N.K. Mody, J. 1. Being aggrieved by the Award dated 22.7.2003 whereby the petitioners have been reinstated without back wages, the present petition has been filed. 2. Short facts of the case are that the services of the petitioners were terminated on 31.5.2000 and in reference, vide Award dated 22.7.2003, the petitioners were reinstated. Learned Counsel for the petitioners submits that when the termination of the petitioners was found illegal, therefore, there was no justification in not awarding back wages, Apart from this, the ground on which, the back-wages has been denied is that petitioners did not try to find out any work. 3. Learned Counsel for the petitioner submits that this cannot be a ground for denying back wages. It is the employer who has to prove that the employee is not gainfully employed during the period when he was out of employment. Reliance has been placed by the learned Counsel in an order passed by this Court on 13.1.2005 in W.P. No. 591 of 2003 (Gajanand Jaltare v. Secy. Krishi Upaj Mandi Samiti) wherein the learned Labour Court awarded 75% back wages, which has been enhanced by this Court and full back wages has been awarded. 4. Another decision on which reliance has been placed by learned Counsel for the petitioner is Nicks (India) Tools v. Ramsurat 2004 (103) FLR 102 (SC) : 2004 (23) AIC 331, the Supreme Court has observed that in reducing the back-wages, it was not enough to generally observe that alternative job opportunities must have been available. It was further observed that the Lower Court erred in not relying Upon any particular material to hold that either such job was in fact available to the respondent and he refused to accept the same or he was otherwise gainfully employed during the period he was kept out of work. In this case also Hon'ble Apex Court awarded 100% back wages. 5. In the facts and circumstances of the case, this appeal is allowed, The Award passed by learned Labour Court has been modified to the extent that the petitioners shall also be entitled for back-wages to the extent of 75%. With the above direction this petition stands disposed of.