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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND SINGH BAHRAWAT
Laxmi Singh Tomar (Deleted) Jagdish Singh Tomar – Appellant
Versus
State of Madhya Pradesh Thr And Others – Respondent
| Table of Content |
|---|
| 1. factual background and claims regarding wrongful denial of service. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. inapplicability of 'no work no pay' when employer prevents service. (Para 7 , 8 , 9 , 10 , 11) |
| 3. entitlement to back wages and consequential benefits due to unlawful termination. (Para 12 , 13 , 14 , 15) |
ORDER
The original petitioner has filed this petition praying for following reliefs:-
"(i) That, the respondents be directed to pay arrear of salary w.e.f. Jan. 2001 till Feb. 2014 with the interest of Rs. 18% Ρ.Α.
(ii) That, the respondents may kindly be directed to fix the pay as per the 5th and 6th pay commission recommendation.
(iii) That, the respondents may kindly be further directed to the CPF fund to the petitioner as per entitlement.
iv) That, the other relief doing justice including cost be awarded."
2. Learned counsel for the petitioner submitted that the original petitioner was initially appointed on the post of UDT w.e.f.01/07/1974 in Rishi Galav Middle School, Morena (M.P.)/respondent no.4 which is an Aided Institution receiving grant-in-aid by the State Government. Learned counsel submitted that the petitioner was working continuously before the said institu
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....
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 prevented from working without fault retains entitlement to salary; principles of 'No Work No Pay' do not apply.
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.
The principle of 'No Work, No Pay' cannot be invoked when an employee is willing to work but is kept out due to the actions of the employer, which were ultimately declared illegal by judicial orders.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
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