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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Hussain Ahmed Mazumder S/o Lated Majroof Ali Mazumder – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. grievance regarding unpaid salary post-acquittal. (Para 2) |
| 2. arguments against non-payment of back wages. (Para 3 , 4) |
| 3. response supporting denial of arrear salary. (Para 5 , 6 , 7) |
| 4. court's review of payment entitlement laws. (Para 8 , 9) |
| 5. clarification of 'no work no pay' principle. (Para 10 , 11 , 12 , 13) |
| 6. court's application of law to case facts. (Para 14 , 15) |
| 7. imposition of legal scrutiny on administrative decisions. (Para 16) |
| 8. order for payment of dues and interest granted. (Para 17 , 18 , 19 , 20) |
JUDGMENT :
1. Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioner and also heard Mr. N.J. Khataniar, learned standing counsel for the respondents in Elementary Education Department.
2. The grievance, being sought to be addressed in this petition,filed under Article 226 of the Constitution of India, by the petitioner, namely, Hussain Ahmed Mazumder, is that while he was serving as Assistant Teacher of 69 North Nityanandapur L.P. School in the district of Hailakandi, he along with some others were convicted in Session Case No.38/2005, by the learned Sessions Judge, Hailakandi, under Section 302 IPC, vide judgment and order dated 29.11.2007 and s
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.
The principle of 'no work no pay' is inapplicable when an employee is willing to work but is prevented from doing so by the employer's actions or failure to comply with reinstatement orders, entitlin....
An employee absent due to personal misconduct cannot claim back wages under the principle of 'no work no pay', unless acquitted of charges impacting employment.
The principle of 'no work no pay' applies in service jurisprudence, denying backwages to an employee absent due to imprisonment for a crime.
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.
The principle of 'no work no pay' does not apply when an employee is prevented from working by the employer's unjust actions, especially after judicial reinstatement.
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