News By/Courtesy: Sanjay Krishnan | 17 Jul 2019 18:09pm IST

HIGHLIGHTS

  • The employer contended that the High Court committed an error by directing payment to the employee for the period when the person absented himself from work without any proper justification.
  • If the employee absents himself without justification for some time, he cannot claim wages for the period.
  • The Supreme Court finally directed to set aside the order of the High Court by reiterating the concept of “No work No Pay”.

The Hon’ble Supreme Court observed that the principle of “No Work No Pay” shall be applied when the employee was not kept away from work by the employer. If the employee absents himself without justification for some time, he cannot claim wages for the period. 

 The bench, consisting of Justices Ashok Bushan and Navin Sinha, acknowledged that the disciplinary authority awarded punishment for unjustified absence by reducing basic pay by two steps under Rule 23(a) of General Insurance rules. Further, the employee was terminated by an order dated 26.06.2012, by when the employee attained the age of retirement. The case was before the High Court, where the court held that the employee was entitled to wages to date.

The employer contended that the High Court committed an error by directing payment to the employee for the period when the person absented himself from work without any proper justification. The Supreme Court finally directed to set aside the order of the High Court by reiterating the concept of “No work No Pay”.

 

Section Editor: Sandeep G | 17 Jul 2019 18:13pm IST


Tags : #Legal

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