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Back wages

(Querist) 21 October 2008 This query is : Resolved 
He was given promotion retrospectively on the post of "dy secreatary" in krishi upaj mandi.He was filed the suit for "arrears of pay" But it was declined by the respondent,by single judge who dismissed the w.p. and later by the hon'ble high court.The relief of arrears of pay was denied on the principle "NO WORK NO PAY".Is he entitled to get arrears of pay?
ARVIND JAIN (Expert) 21 October 2008
FILE A SPECIAL LEAVE PETITION IN S.C
Murali Krishna (Expert) 21 October 2008
NO. He is not entitled for the back wages under the rule of no work no pay. But he can get fixation of his pay from back date.

Unless he shoulders higher responsibility, he is not entitled for higher pay. In your case, he got a promotion with a retrospective date, but not higher responsibilities with retrospective date as it is not possible.

If you can show that the denial of promotion is done with malafide intention to deprive him and to benefit some other, you can get higher pay from the date of retrospective promotion.
SUMIT (Querist) 22 October 2008
ya..ofcourse i can show it was done with malafide intention to deprive him.....but do you have any sc judgement in my favour.if u have pls send its citation to me....and also tell me in which section of labour law its defined?


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