Kolkata: Observing that ‘No Work No Pay’ principle cannot apply in cases where the employers are at fault, Calcutta High Court directed the Kolkata Municipal Corporation (KMC) to clear all payment of arrear salary of a retired employee who worked in the security position.
The bench of Justice Ajay Kumar Gupta was moved by the petitioner challenging an order passed by the chief manager (Personnel), Personnel Department, KMC on January 11, 2020 which denied him arrear pay on ‘No Work No Pay’ principle.
The petitioner contended he was appointed as a guard on March 20, 1972. He was promoted to the post of security assistant Grade – III in 1998, and further promoted to Grade – II in 2007. However, he wasn’t promoted to any higher position until his retirement on February 28, 2010.
His counsel submitted he was entitled for promotion to the post of security assistant Grade – I with effect from June 27, 2001, and to the post of assistant sergeant with effect from January 31, 2006. He found out that the KMC erroneously recorded his joining date as April 27, 1981 instead of 1972. Prior to 10 days of his retirement date, he was informed he will be allowed notional fixation of pay without any arrear benefits. He demanded all arrear benefits.
The court observed that the petitioner sent his request for joining date correction in the gradation list on October 17, 2005 but KMC didn’t act or promote him until February 18, 2010.
The court observed that the ‘No Work No Pay’ principle cannot be universally applied especially when the employer is at fault for not taking any appropriate attempt to correct the same and/or utilize the employee’s services in promotional posts since 2005.
KMC was directed to disburse all the arrear pay of differences of salary of his promotional posts on and from October 18, 2005, till his retirement and re-fix his financial benefits in accordance with relevant rules.