Calcutta High Court has ruled that the ‘No Work No Pay’ principle cannot be applied in cases where the employer is at fault.
The decision came in response to a petition filed by a retired employee of the Kolkata Municipal Corporation (KMC), who was denied arrears based on this principle.
The court’s ruling underscores the importance of employer accountability and fairness in employment practices.
The Case Background
The petitioner, a retired security guard of KMC, had been employed since March 20, 1972.
Over the years, he was promoted to various positions, including Security Assistant Grade III in 1998 and Grade II in 2007.
However, due to an error in KMC’s records, his date of joining was incorrectly recorded as April 27, 1981, instead of 1972.
This discrepancy led to delays in his promotions and subsequent denial of arrears.
The petitioner was eligible for promotion to Security Assistant Grade I in 2001 and Assistant Sergeant in 2006.
Despite his repeated requests to correct the error in his service records, KMC failed to take any action.
It was only 10 days before his retirement in February 2010 that KMC informed him of a notional pay fixation, excluding arrear benefits.
The petitioner challenged this decision, seeking arrears for the period from October 2005 to his retirement.
Calcutta High Court’s Observations
Justice Ajay Kumar Gupta, presiding over the case, emphasized that the ‘No Work No Pay’ principle cannot be universally applied, especially when the employer is at fault.
The court observed that the petitioner had been willing and capable of performing duties in higher positions.
However, he was denied these opportunities because of KMC’s negligence.
The bench noted that KMC failed to correct the petitioner’s service records despite repeated requests.
This failure to promote him on time was deemed a clear violation of its responsibilities.
The court ruled that the petitioner was entitled to arrears for his promotional posts. These arrears cover the salary differences from October 2005 to February 2010.
Calcutta High Court’s Verdict and Implications of Ruling
The Calcutta High Court directed KMC to:
- Disburse all arrears owed to the petitioner, covering the salary differences for his promotional posts.
- Re-fix the petitioner’s financial benefits in accordance with the relevant rules.
The judgment sets a precedent in employment law. It emphasizes that employees should not be penalized for mistakes or negligence by their employers.
The court’s decision has far-reaching implications for employment law and workplace practices.
It emphasizes that employers must take responsibility for their actions. They cannot rely on the ‘No Work No Pay’ principle to withhold employees’ rightful dues.
The ruling also underscores the importance of maintaining accurate employee records and addressing grievances promptly.
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