Service Lawyer: Employee who had not been kept away from the work by the employer, is not entitled for salary for the period of absence: SC.

Supreme Court of India

Justice Ashok Bhushan and Justice Navin Sinha

The SC sets aside the judgment of the High Court and directed the employer/appellant to consider the claim of the respondent of salary for the period  from 14/05/2009 to 20/06/2012, as the question of entitlement of the salary of the respondent/employee was not gone into by the High Court, inspite of that, order was passed directing payment of salary to the employee for the said period by the HC.

It was held by the SC while allowing the appeal of the appellant/ employer {Chief Regional Manager, United India Insurance Company Limited v. Siraj Uddin Khan} that the employee is only entitled for salary, inspite of not working, when the employee is kept away from the work by the order/action of the employer. Otherwise, the principle of "no work no pay" shall be applicable.