Court Cases

Orissa High Court Decision on ‘No Work, No Pay’ Principle


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In a recent ruling, the Orissa High Court has challenged the principle of ‘no work, no pay,’ stating that it cannot be applied universally. This decision was made in response to a petition heard by Justice Sashikanta Mishra. The petitioner in question was appointed as a history lecturer at Joda Women’s College in 1988 but was unjustly terminated by the college’s governing body in 1995.

However, the petitioner appealed the termination and was successful in overturning it through the intervention of the Director of Higher Education, Odisha. The governing body was instructed to reinstate the petitioner and take appropriate action. Unfortunately, the governing body failed to comply with the Director’s order, leading the petitioner to file a writ petition in the Orissa High Court in 1996. The court disposed of the petition by directing the concerned authority to enforce the Director’s order effectively.

Following the instructions from the Director’s office, the petitioner resumed her duties at the college on January 10, 1996, and continued working until her retirement on January 31, 2023, when she was transferred to Siddheswar College. However, the petitioner claimed that she had not received her salary from January 10, 2006, onwards, and the period of her illegal termination from September 23, 2005, to January 9, 2006, had not been regularized. The Director of Higher Education, Odisha, responded by stating that a provisional differential salary had been released for a certain period, but the regularization of the aforementioned period was pending due to the inaction of the governing body.

The High Court acknowledged that the petitioner’s termination had been deemed illegal in a subsequent ruling by the Director of Higher Education. However, the order to reinstate the petitioner was not adhered to until January 10, 2006. Throughout this period, both the petitioner and the college’s management sought legal remedies, with the petitioner urging the governing body to enforce the Director’s order and the governing body attempting to challenge the Director’s decision.

The Court ruled that while reinstatement is typically granted when termination is deemed illegal, the awarding of back wages is not automatic. Various factors are taken into consideration, including whether the employee was gainfully employed during the relevant period. Furthermore, the High Court emphasized that the principle of ‘no work, no pay’ cannot be universally applied, particularly when the employer is at fault for not utilizing the employee’s services. This ruling highlights the importance of fair treatment and just compensation for employees, even in cases where their employment has been wrongfully terminated.

One Comment

  1. It is most welcomed Justified order of Hon’ble Justice Mr. shash’iknt Mishra violating the rule” No work No pay”.The arrear Salaries of illegally disengaged periods should be disbursed immediately along with all other consequences benifits to the petitioner without any further delay. This money should be recovered from the salaries & pensions of falty & negligence authorities instead of Government. Then, the most corrupted, tyranny & despotic nature authorities would get a proper lesson for their committed mistakes. Jay Sita Ram.

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