The principle of ‘no work- no pay’ is laid down in proviso to Fundamental Rule 17(1) which provides that any officer who is absent without any authority shall not be entitled to any pay and allowances during the period of such absence. The principle was examined in depth by the Supreme Court and upheld in the Civil Appeal No.2581 of 1986 – Bank of India Vs T.S. Kelawala & others (1990 (3) SLJ). Though the issue did not pertain directly to applicability of the principle to Government servants the court has analysed the principle in all its facts and its observations and relevant. Some relevant extracts of the Supreme Court Judgment delivered on 4th May. 1990 are as under:
Where the contract standing Orders of the service rules/regulations are silent on the subject, the Management has the power to deduct wages for the absence from duty when the absence is a concerted action on the part of the employees and the absence is not disputed. Whether the deduction from wages will be prorata for the period of absence only or will be for a longer period will depend upon the facts of each case such as, whether there was any work to be done in the said period, whether the work was in fact done and whether it was accepted and acquiesced in etc.
It is not enough that the employees attend the place of work. They must put in the work allotted to them. It is for the work and not for the mere attendance that the wages/salaries are paid.
It is clear that wages are payable only if the contract of employment is fulfilled and not otherwise. Hence, when the workers do not put in the allotted work or refuse to do it, they would not be entitled to the wages proportionately.
Whether the strike is legal or illegal, the workers are liable to lose wages for the period of strike. The liability to lose wages does not either make the strike illegal as a weapon or deprive the workers of it. When workers resort to it they do so knowing fully well its consequences. During the period of strike the workers withhold their labour. Consequently, they cannot expect to be paid.