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CHANDRA DHARI SINGH
Siddhartha Mukherjee – Appellant
Versus
Hindustan Petroleum Coporation Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Article 226 of the Constitution of India, 1950 has been filed on behalf of the petitioner seeking the following reliefs:
"a. To issue Writ of Mandamus or any other appropriate writ(s) directing the Respondents to recall the reassignment letter dated 25.01.2019 on the grounds of it being bad in law and violative of rights of the Petitioner.
b. To pass any other writ(s), order(s) or direction(s) which this Hon'ble Court may deem just and proper under the facts and circumstances of , the case, as in India Public Sector Undertakings are regarded as Lighthouses of Equality which the respondents have dented, in the interest of justice."
2. The petitioner has been working in the respondent No. 1 Corporation (`respondent Corporation' hereinafter) since 1986. In 2019, the petitioner was transferred and reassigned to another location vide reassignment letter No. MNZ.KG.PERS/T dated 25th January, 2019. However, the said relocation was refused by the petitioner on apprehension that he has been assigned to the job of a stenographer.
3. The petitioner requested the respondent Organization to allot him another job profile, but the
The principle of 'no work no pay' prevails when an employee deliberately absents from the workplace without providing sufficient and reasonable grounds for such absence.
The employer has the authority to withhold salary for unauthorized absence in accordance with the provisions of the Payment of Wages Act, 1936, and the 'no work no pay' principle.
In cases of wrongful/illegal termination or transfer, the employee is entitled to reinstatement with continuity of service and backwages. The 'no work no pay' principle does not apply in cases of ill....
An employee prevented from working without fault retains entitlement to salary; principles of 'No Work No Pay' do not apply.
Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying ser....
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