‘No work no pay’ can’t be applied when employee is kept away from work: HC

Excelsior Correspondent

Srinagar, Apr 25: High Court today said that ‘no work no pay’ principle cannot be applied when the employee is kept away from the work by the employer and directed release of withheld salary for the employees of J&K Horticulture Produce Marketing and Processing Corporation
The Corporation had challenged the writ court verdict whereby it was directed to release the salary in favour of its employees for the disputed period along with all consequential benefits within a period of eight weeks from the date of service of order upon the appellant.
The appellant-Corporation has impugned the judgment passed by the Writ Court, on the grounds that it is settled law that no one can claim wages for the period, for which he remained absent without leave or justification and that the finding returned by the Writ Court that the principle of “no work no pay” is not applicable in the instant case as the respondents/employees were kept away from the work for none of their fault, is not sustainable in the eyes of law.
The counsel appearing for the employees argued that it was only because of the appellants’ false promise that the respondents accepted the voluntary retirement offer but the appellant did not honour its promise which forced the respondents to file the writ petition.
Counsel for the respondent-employees further contended that they remained out of service only because of the appellant-Corporation, as such, the Corporation cannot claim that the employees did not perform any work, more particularly when the business of the appellant-Corporation had come to a halt.
The record reveals that the respondent-employees were taken back into service by the appellant-Corporation on April 13, 2015 and the Writ Court had observed that the respondent-employees have been asked to resume their duties and join back in the Corporation.
“Much of the controversy is therefore resolved. The only issue unresolved is as regards entitlement of the respondents to salary/wages for the intervening period i.e. the period for which the respondents remained out of service”, the Division Bench of Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani said while upholding the Writ Court judgment.
The Division Bench recorded that the principle of ‘no work no pay’ can be put in to operation when the employee remains out of service because of his own act, omission and fault but when an employee is kept away from the work by any act or omission on the part of the employer, the employee cannot be denied salary on the principle of “no work no pay”.
“We have examined the judgment passed by the Writ Court and the Writ Court has arrived at the conclusion that the respondents were kept away from work by the authorities after accepting their offer of voluntary retirement and, as such, they are entitled to salary for the intervening period. There is no illegality in the judgment passed by the writ court”, DB said

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