1 week Ago By [email protected] (MENAFN)
Dismissing an appeal filed by J&K Horticulture Produce Marketing and Processing Corporation, a division bench of Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani underlined 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 or fault but not when an employee is kept away from the work by any act or omission on the part of the employer. The Corporation had challenged court's single bench verdict on the sole ground that as the employees in question have not worked for the period for which they have claimed salary, therefore, the corporation cannot be directed to pay the same to them, contending that it was settled law that no one can claim wages for the period, for which he remained absent without leave or justification. The case pertained to employees who had initially opted for voluntary retirement but resumed service after they were“not paid benefits” under the VRS scheme.
On the other hand, counsel representing the employees argued that the Corporation was under an obligation to pay voluntary retirement benefits to the employees within sixty days and when the same were not paid, the employees preferred a petition before the court. With the intervention of the Court, he said, the employees were allowed to resume their duties, which they did and thereafter they sought release of their salary for the intervening period in their favour along with interest. The counsel further argued that it was only because of the corporation's false promise that the employees accepted the voluntary retirement offer.
The counsel further contended that the employees remained out of service only because of the corporation, as such, corporation cannot claim that the employees did not perform any work. “We have examined the judgment passed by the learned Writ Court (Single Bench) and the learned Writ Court has arrived at the conclusion that the respondents (employees) 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,” the Division Bench said, adding,“There is no illegality in the judgment passed by the learned writ court.” Follow this link to join our WhatsApp group : Join Now Be Part of Quality Journalism Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it.
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