Case Note & Summary
The case involves a Letters Patent Appeal filed by the State of Gujarat against an order of a learned Single Judge directing the State to pay wages to the workmen for the period from 22.07.2000 (corrected to 22.03.2000) to 15.01.2007, during which the workmen were not in service. The background is that the workmen's services were terminated, and they raised a dispute before the Labour Court. The Labour Court, by its award dated 22.03.2000, directed that the workmen be engaged as new daily wagers but denied backwages and continuity of service. The State challenged this award by filing Special Civil Application No.4569 of 2021, which was dismissed. Consequently, the workmen were given appointment orders on 08.01.2007 and joined service on 17.01.2007. Thereafter, the workmen filed a writ petition seeking a direction to treat their reinstatement from 15.01.2000 as illegal and to direct the State to treat them as being in service from 22.07.2000 and grant all benefits under the Government Resolution dated 17.10.1988. The learned Single Judge partly allowed the petition, directing the State to consider 22.07.2000 as the date from which all benefits should be given and to pay wages for the period from 22.07.2000 to 15.01.2007. The State appealed against this order. The Division Bench observed that the Labour Court had specifically denied backwages and continuity of service, and the workmen had not challenged that part of the award. The workmen were reinstated only on 17.01.2007, and they did not work during the intervening period. Applying the principle of 'no work no pay', the Court held that the workmen were not entitled to wages for the period they did not work. The Division Bench allowed the appeal, set aside the impugned order of the learned Single Judge, and dismissed the workmen's writ petition. The connected civil applications were also disposed of.
Headnote
A) Service Law - Reinstatement - Backwages - No Work No Pay - Workmen terminated, Labour Court directed reinstatement as new daily wagers without backwages or continuity - Workmen reinstated on 17.01.2007 - Later, Single Judge directed payment of wages for the period from 22.07.2000 to 15.01.2007 - Held that workmen are not entitled to wages for the period they did not work, as the Labour Court had denied backwages and the workmen did not challenge that denial - Appeal allowed, impugned order set aside (Paras 1-5).
Issue of Consideration
Whether the workmen are entitled to wages for the period from 22.07.2000 (or 22.03.2000) to 15.01.2007 during which they were not in service despite the Labour Court's award of reinstatement.
Final Decision
Appeal allowed. Impugned order of learned Single Judge set aside. Writ petition filed by workmen dismissed. Connected civil applications disposed of.
Law Points
- Reinstatement does not automatically entitle workmen to backwages for the period they were not in service
- No work no pay principle
- Labour Court award directing backwages for period of non-employment set aside
