The principle of 'No Work No Pay' is inapplicable where employees are denied work due to illegal amendments, reinforcing the right to remuneration under illegal termination circumstances.

JUDGMENT :

HARPREET SINGH BRAR, J.

CM-13391-CWP-2025 IN CWP-25870-2025

Prayer in the instant application filed under Order 1 Rule 10 read with Section 151 of CPC is for impleading the employer –Societies as respondents No.3 to 5.

Heard.

For the averments made in the application, which is supported by an affidavit of the applicant/petitioner – Nirmal Singh, the same is allowed and the employer – Societies are impleaded as respondents No.3 to 5 subject to all just exceptions.

Amended Memo of Parties is taken on record.

CWP Nos.24420, 24451, 25870 and 26951 of 2025 (O&M)

1. Vide this common order, I intend to dispose of CWP Nos.24420, 24451, 25870 and 26951 of 2025, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-26951-2025.

2. On 22.08.2025, the following order was passed in CWP Nos.24420 and 24451 of 2025:-

“…..The primary grievance raised in the instant writ petitions is while passing the impugned order dated 24.07.2025 (Annexure P-6) all other service benefits have been granted to the petitioner(s) in terms of the judgment passed by Division Bench of this Court in CWP No.16052 of 2020 and other connected cases titled as The Punjab State Agricultural Cooperative Societies Employees Union, Punjab vs. State of Punjab and another, decided on 09.08.2024. However, the arrears of salary for the intervening period during which they were prematurely retired, pursuant to the amendment dated 24.09.2020 made in Rule 19(A) of the Punjab State Cooperative Agricultural Service Societies Service Rules, 1997, have not been released.

Notice of motion.

Mr. T.P.S. Walia, AAG, Punjab, who is present in the Court accepts notice on behalf of the respondents – State.

Learned counsel for the petitioner(s) is directed to supply a copy of paperbook to counsel for the State during course of the day.

Adjourned to 16.09.2025.

In the meantime, reply, if any, be filed in the Registry of this Court with advance copy to counsel opposite.

To be taken up immediately after the Urgent List…..”

3. Despite being granted an opportunity to file reply (in CWP Nos.24420 and 24451 of 2025), the respondents have not done so. The exact stand of the respondents is clearly discernible from the impugned order dated 24.07.2025 (Annexure P-6). As such, all the captioned petitions are being decided without granting any further opportunity to file reply.

4. Prayer in writ petition (CWP-26951-2025) filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the order dated 24.07.2025 (Annexure P-5) passed by respondent No.2 whereby in complete disregard of the settled law and by wrongly invoking the principle of ‘No Work No Pay’, the arrears of salaries as admissible to petitioners for the service after 58 years of age and uptil 60 years of age, have been denied and no reference has been made qua the benefit of 6^th Punjab Pay Commission recommendation which has been decided to be implemented w.e.f. 01.03.2023 and thus, the arrears of salaries, enhanced gratuity, enhanced leave encashment has been denied. Further a writ of mandamus has been sought, directing the respondents to release arrears of salaries qua the petitioner after 58 years of age and till 60 years of age, during which the petitioners were forced out of service due to amendment which has been set-aside by the Division Bench of this Court vide judgment dated 09.08.2024 (Annexure P-1), by duly implementing the recommendation of 6^th Punjab Pay Commission along with two annual increments and further consequ