“No Work, No Pay” will not apply to employees who were willing to work...
Ruling on ‘no work, no pay’ principle
The principle of ‘no work, no pay’ will not apply to employees who were willing to work but not allowed to work by the employers despite valid judicial orders in favour of the workers, the Madras High Court Bench in Madurai has held.
Justice S. Manikumar passed the ruling while dismissing a writ petition filed by Madurai Municipal Corporation in 2004 challenging an award passed by a labour court in 1999 to reinstate a sanitary worker who was dismissed from service in 1995 for unauthorised absence from duty.
Pointing out that the sanitary worker S. Mariappan was reinstated only in 2007, without prejudice to the outcome of the present writ petition, despite the order passed by the labour court, the judge said that he was entitled to back-wages from 1999 to 2007. He could also not be penalised or denied wages for the fault of the Corporation in not reinstating him in service and providing work, the judge added.