Case Note & Summary
The petitioner, Ku. Nasim Banou, filed a writ petition seeking payment of salary for the period she worked as a teacher in the employment of Respondent No.3, the Umarkhed Municipal Council. She was appointed and actually worked for the academic years 1994-95 and 1995-96. The respondents, including the Education Officer, Zilla Parishad, and the State of Maharashtra, opposed the petition, likely on grounds of lack of approval or procedural irregularities. The court, however, focused on the admitted fact that the petitioner had worked during the relevant period. It held that the question of approval of appointment was irrelevant to the petitioner's right to receive salary for work actually done. The court reasoned that the principle of 'no work no pay' implies that if work is done, pay must follow. Accordingly, the court allowed the writ petition and directed Respondent No.3 to pay the arrears of salary within three months. The court also noted that the petitioner was not required to challenge the non-approval of her appointment, as the right to salary for work performed is independent of such approval.
Headnote
A) Service Law - Salary for Work Done - Right to Wages - Maharashtra Municipal Councils Act, 1965 - The petitioner was appointed and worked as a teacher for the academic years 1994-95 and 1995-96. The court held that once it is accepted that the petitioner has worked, it is irrelevant whether the appointment was approved or not; the employer must pay salary for the work actually performed. The court directed the Municipal Council to pay the arrears of salary within three months. (Paras 3-5)
Issue of Consideration
Whether the petitioner is entitled to salary for the period she actually worked as a teacher in the employment of the Municipal Council.
Final Decision
The writ petition is allowed. Respondent No.3 is directed to pay the arrears of salary to the petitioner within three months.
Law Points
- Right to salary for work done
- No work no pay principle
- Employer's obligation to pay wages
- Maharashtra Municipal Councils Act
- 1965
