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Judgment
Vinod K. Sharma, J.—The petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus directing the
3rd respondent to permit the petitioner to do his duty as Over Head Tank Operator at Vayalur Village Panchayat, Vayalur Post, Madurai District.
It is the contention of the learned counsel for the petitioner that he was appointed as Over Head Tank Operator and posted at Vayalur Village
Panchayat. He continued to perform his duties. The 4th respondent without any reason restrained the petitioner from performing the duties.
It is also submission of the learned counsel for the petitioner that he has also not been paid salary since October-2011.
Notice in the writ petition was issued to the respondents.
The learned counsel for the Respondents 3 and 4 fairly states that the petitioner is still on the roll as employee of respondent No. 3, therefore, is
at liberty to come and join duty on or before 1.11.2012. It is further stated that in case, petitioner returns to duty, he will be allotted work.
The learned counsel for the Respondents 3 and 4, however, submitted that the petitioner may not be given backwages from October-2011 till
the date of his reporting duty, on the principle of ''no work no pay''.
This contention of the learned counsel for the Respondents 3 and 4 cannot be accepted, as the principle of ''no work no pay'' does not apply to
the employee who is not allowed to work illegally by the employer, inspite of his willingness to work.
In view of the stand of the learned counsel for the Respondents 3 and 4, the prayer qua issuance of a writ in the nature of mandamus for
directing the 3rd respondent to permit petitioner to do his duty, is rendered infructuous. The writ petition is therefore disposed of directing the
respondents to permit the petitioner to join duty immediately, in any case not later than 1.11.2012, and pay to him the unpaid salary till the date of
his rejoining duty, within one month of the receipt of certified copy of this order.
No costs.