In a recent judgment, the Allahabad High Court addressed the issue of whether an employee is entitled to back wages for periods during which they were incarcerated and thus unable to perform their duties. The court upheld the principle of 'no work, no pay,' determining that an employee cannot claim wages for periods during which they were absent from work due to imprisonment.
Case Background
The petitioner was an employee against whom a First Information Report (FIR) had been lodged under Section 13(1)(b) read with Section 13(1) of the Prevention of Corruption Act, 1988, for allegedly accepting bribes related to electricity connections. Consequently, the petitioner was incarcerated from January 23, 2015, to December 18, 2018. After his release, he approached the authorities seeking payment of wages for the period of his imprisonment. His request was denied based on the 'no work, no pay' principle, prompting him to file a writ petition before the High Court.
Court's Analysis and Decision
Justice Ajay Bhanot, presiding over the case, reaffirmed the applicability of the 'no work, no pay' doctrine, stating that it is a fundamental principle in service jurisprudence. The court noted that exceptions to this principle are rare and typically involve situations where the employer has prevented the employee from performing their duties.
The court referenced the Supreme Court's decision in Reserve Bank of India v. Bhopal Singh Panchal, where it was held that an employee who is absent due to personal misconduct cannot claim wages for the period of absence, as the employer is not responsible for the employee's inability to work. Similarly, in Ranchhodji Chaturji Thakore v. Superintendent Engineer, Gujarat Electricity Board, Himmatnagar (Gujarat) and another, the Supreme Court held that an employer is not liable to pay back wages for periods during which an employee was incarcerated, especially when the absence was not due to any disciplinary inquiry later found invalid.
Applying these precedents, the High Court concluded that the petitioner's incarceration was due to his alleged misconduct, and his absence from work was not attributable to any action by the employer. Therefore, the petitioner was not entitled to back wages for the period of his imprisonment. The court emphasized that granting back wages in such circumstances would result in unjust enrichment of the petitioner and an unfair burden on the state exchequer.
Conclusion
The Allahabad High Court's decision reinforces the 'no work, no pay' principle, clarifying that employees cannot claim wages for periods during which they were unable to work due to incarceration resulting from their own alleged misconduct. This judgment underscores the importance of personal responsibility and ensures that public funds are not expended to compensate for periods of unauthorized absence.
Case Title: Shivakar Singh v. State Of U.P. And 5 Others [WRIT - A No. - 10045 of 2020]
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