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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
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 sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Rs.2,000/- in default imprisonment for another period of 6 months. The petitioner, being aggrieved by the aforesaid judgment and order of conviction, had preferred an appeal before this Court, being Criminal Appeal No.10/2008 and vide judgment and order dated 03.04.2012, the petitioner was acquitted by this Court of the charge under Section 302 IPC. Accordingly, he was released from jail on 05.04.2012. Then the petitioner had submitted one representa
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.
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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