In a significant legal development, the Delhi High Court has issued a ruling on a claim for wages dispute. The judgment delves into the complex issues surrounding the payment of wages for a period of absence from service. This decision carries implications for both the petitioner and the respondent involved in the case.
Arguments
- Petitioner claims payment of wages for the period between 01.10.2005 to 13.05.2012.
- Even if termination during the mentioned period was unjustified, no wages can be granted for not having rendered actual service.
- Rival submissions considered along with DoPT’s OM dated 10.09.1993.
- Engagement of casual daily wagers is on a need basis as per the DoPT’s OM.
- Casual daily wagers are only required to be paid for the days they actually render service.
- Petitioner could not render service due to successive termination orders which were later quashed by the Tribunal.
- Tribunal granted liberty to the respondents to initiate appropriate proceedings against the petitioner.
- Claim for wages for the period of non-service is unsustainable for a casual daily wager who is paid only for actual days of service.
Analysis
- The applicant was ordered to be reinstated in service by the Tribunal and the Delhi High Court.
- Reinstatement in service does not automatically entitle the applicant to wages for the period not worked.
- Claiming wages for the period not worked would be unjustified from the government exchequer.
- Competent authority has the right not to pay salary for the period of absence under the principle of ‘no work no pay’.
- The applicant’s own conduct led to his absence from duty and subsequent termination.
- The applicant remained out of the job due to inquiries and termination orders caused by his actions.
- Mere reinstatement on technical grounds does not entitle to wages for period not worked.
- Refusal to grant wages based on ‘no work, no pay’ principle.
- Finding that relied on OM dated 10.09.1993 issued by DoPT.
- Reference to paras 4 (III) and 7 of the OM regarding temporary status and engagement of casual laborers.
- Temporary status does not change duties and responsibilities of casual laborers.
- Engagement of casual laborers on daily rates of pay on need basis.
Decision
- The petitioner is deemed deserving of wages for the period of 01.10.2005 to 13.05.2012.
- The writ petition has been allowed and the petitioner is ordered to be paid wages for the mentioned period within three months.
- The payment will include an interest rate of 8% per annum.
- The petition has been resolved as per the above directives.
Case Title: SURENDER KUMAR Vs. UNION OF INDIA AND ORS. (2024:DHC:3728-DB)
Case Number: W.P.(C)-12284/2018
