The concept of 'No work No pay' may not be applicable in certain circumstances, especially when it concerns medical services and compliance with court orders.

JUDGMENT :

1. Heard learned counsel for the parties.

2. It appears that though an assurance was held out on 28th May, 2006 that there shall not be any pay deduction if the agitating students, intern and Resident Doctors join back their duties. There is deduction of salary 20 for some periods. Though, as noted in our order 31.05.2006 medical services have to be primacy over any other grievance because it ultimately affects the patients and no action which affects the person?s right to get treated 25 which is inseparable from Article 21 of the Constitution 1915 (in short the ‘Constitution’) as held by this Court in Paschim Bengal Khet Mazdoor amity & Ors. v. State of West Bengal & Anr., (1996(4) SCC 37) is to be 30 approved; the fact that the Government itself has as a matter of good gesture suggested that there shall not any pay deduction if the agitating students, intern and Resident Doctors join back duties, the normal and well-known concept of ?No work No pay? shall not be applicable in the background of special feature involved. Therefore, we direct that the payment up to 30th May, 2006 shall not be withheld. We make it clear that this order is being passed since the Doctors had joined back in compliance with our order dated 31.05.2006 which was done after not complying with our desire as expressed on 30th May, 2006. I.A. 5 is disposed of accordingly.

IA. No. 3 and 4:

3. Issue notice. They shall be listed on 24.07.2006 along with W.P.(C) No. 316/2006. Copy of the petition shall be supplied to Mr. Sushil Kr. Jain, Adv. Who is appearing in the connected matters in W.P.(C) No. 265/2006.