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IN THE HIGH COURT OF BOMBAY
S.G. MEHARE, SHAILESH P. BRAHME, JJ
ARVIND BHAURAO – Appellant
Versus
THE UNION OF INDIA AND OTHERS – Respondent
JUDGMENT :
(S.G. MEHARE, J.)
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. The petitioner being a Shunter in railways has impugned the order partly of the learned Central Administrative Tribunal, Mumbai dated 23.09.2013 passed in Original Application No.202 of 2008 to the extent of not granting him back-wages by applying the doctrine of ‘no work no pay’.
3. The facts are not disputed. The petitioner was booked for duty at Mudkhed Station. However, before he reached there, another employee for discharging the same duty was available. Therefore, he left the station signing the register. On these allegations, the petitioner was suspended. The inquiry was initiated against him. The disciplinary authority had terminated him from services. The petitioner had impugned the said order. The Divisional Mechanical Engineer, Hyderabad, he allowed his appeal partly and converted his removal to compulsory retirement. He then preferred the revision before the Divisional Railway Manager (DRM). He also rejected it. Lastly, he filed the original application before the Central Administrative Tribunal by which the order of his compulsory retirement has been quas
The doctrine of 'no work no pay' applies unless the employee proves lack of gainful employment during the disputed period, placing the burden of proof on both parties.
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
The employer bears the burden of proving that the worker was gainfully employed during the dispute period to deny back wages; failure to provide evidence supports the worker's claim to back wages.
The principle of 'no work, no pay' cannot be invoked when an employee is unlawfully prevented from discharging their duties, affirming the entitlement to pay during such periods.
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