Case Note & Summary
The appeal arose from a dispute between the Airports Authority of India and Shambhu Nath Das regarding back wages after a prolonged absence from duty. The respondent, an Assistant Engineer, was transferred from Kolkata to Delhi but took leave for medical reasons and subsequently did not report for duty for nearly 15 years. Despite several notices and a medical board declaring him fit, he failed to resume work. The respondent challenged the authority's actions through multiple writ petitions, leading to various court orders, including one that allowed him to return to duty without back wages. The Division Bench later directed the authority to pay him 50% of back wages for a specific period, which the appellant contested. The Supreme Court analyzed the principle of 'no work no pay' and the circumstances of the respondent's absence, ultimately ruling that the long absence without justification negated any claim for back wages. The court restored the earlier order of the learned Single Judge, denying the claim for back wages and emphasizing that the respondent could not claim wages for the period he remained absent without leave. The appeal was allowed, and no costs were awarded.
Headnote
A) Employment Law - Back Wages - Entitlement to Back Wages - Airports Authority of India Act, 1994 - The court held that the respondent was not entitled to back wages for the period of unauthorized absence as he did not report for duty for 15 years despite being declared fit. The principle of 'no work no pay' applied, and the previous orders allowing partial wages were not justified (Paras 6-9).
Issue of Consideration
Whether the respondent was entitled to back wages for the period of unauthorized absence despite being declared fit to resume duty.
Final Decision
The Supreme Court allowed the appeal, set aside the Division Bench's order, and restored the Single Judge's order denying back wages for the period of unauthorized absence.
Law Points
- Employment law
- back wages
- no work no pay principle
- unauthorized absence
- medical fitness
- reinstatement
