The principle of "no work no pay" cannot be applied to permanent central government employees governed by statutory rules framed under Article 309 of the Constitution of India, as their terms and conditions of employment are governed by a comprehensive code contained in the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and the Fundamental Rules.

1. THIS Writ petition has been taken out by 125 employees of the National Test House, Calcutta for necessary reliefs against the six respondents.

2. IN the month of April, 1978 because of issuance of orders of suspension on three employees and for taking of disciplinary proceedings against them, according to the petitioners, without any valid reasons and with a view to coerce and intimidate the said employees, it created great dissatisfaction, amongst the employees at large and besides holding some meetings, the employees demonstrated their dissatisfaction in lawful and peaceful manner and requested the withdrawal of the suspension order. A letter was sent on the 9th May, 1978 by Sri Dipen Ghose, General secretary, Central Co-ordination Committee of Central Government Employees' and workers' Union and Association, West Bengal to which the respondent No. 5 is affiliated for settlement of the dispute. After a long discussion the Joint Director agreed to come to a settlement on the issue of withdrawal of the said suspension order. Thereafter on the 10th of May, 1978 a Circular No. DTH/misc/78 was issued by the Joint Director stating that number of groups III and IV employees of national Test House, Calcutta have done no work for some days since 27th April, 1978 though they attended office and signed the attendance Register; as such by the said circular it was threatened that there would be deduction from the pay and allowances of staff. A protest was made as there was no stay-in-strike as wrongly alleged in the said circular. By another circular dated 15th of may, 1978 bearing No. DTH/misc/ 78 the joint Director informed that employees who did not attend their normal duties but merely came to the office and signed in the attendance register would be considered as "not on duty" it is the case of the petitioners that none of the employees were in stay-in-strike as it is the case of the petitioners that they were not in strike but only were compelled to stage demonstrations in a democratic manner and peaceful manner to fulfill their grievances. By a circular bearing No. DTH/misc/78 dated 12/15th of may, 1978 the Joint Director, National Test house, notified that the Cabinet decision contained in the Department of Personnel and administrative Reforms Office Memorandum no. 33011/1/77 'b' dated 25th of April, 1978 regarding payment for the period of strike by central Government employees, in respect of the Central Government employees who participated in a strike in the month of May, 1971 the circular directed that all ministries must observe the principles of "no work no pay" and this should not be circumvented in any way including by grant of leave for the period of a strike. Relying on the said circular, the management and authorities of the National test House effected a mass scale pay cut from the pay and allowance of the employees of the national Test House for the month of May, 1978. The Secretary of the Association wrote to the Director demanding a list of members whose pay was being deducted but no reply was given to the said letter nor any list was furnished to the Secretary. According to the petitioners, such deductions have been made arbitrarily and without any basis. The petitioners contended that the said memorandum and/or circulars mentioned above were illegal, unconstitutional, ultra vires and in excess of jurisdiction as said principle of "no work no pay" has no application in the case of employees of the Central Government holding posts carrying monthly rate of pay as the terms and conditions of employment of the petitioners are governed by Statutory rules framed under art, 309 of the Constitution of India and the principle "no work no pay" has no place or foundation in the said rules. As there is a comprehensive code containing disciplinary procedure applicable to the employees of the central Government embodied in the Central civil Services (Classification, Control and appeal) Rules, 1965 and the Fundamental