Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies.An FIR against the petitioner was lodged under Section 13(1)(b) read with Section 13(1) of the Prevention of Corruption Act, 1988 for allegedly taking bribes for electricity connection from consumers. Thereafter, petitioner was lodged in jail from 23.01.2015 to 18.12.2018. When petitioner approached the authority for payment of wages for the said period, his request was rejected on grounds of 'no work no pay' principle. Accordingly, petitioner approached the High Court seeking payment of wages for the period of confinement. The Court held that it is only in rare instances like employer creating hinderance for the employee in discharging his duties can the 'no work no pay' principle be excepted. In Reserve Bank of India v. Bhopal Singh Panchal, the Supreme Court held that the employee was absent from work due to his involvement in any misconduct and the Bank, employer therein, was not responsible for keeping him away from work. It was held that burden of paying salary of such absentee employee cannot be saddled on the Bank when he did no work. In Ranchhodji Chaturji Thakore v. Superintendent Engineer, Gujarat Electricity Board, Himmatnagar (Gujarat) and another, the Apex Court held that when an employee in lodged in jail for an alleged crime and later acquitted, the employer cannot be saddled with the burden of paying back wages for the period of incarceration, especially if such absence from work is not due to any disciplinary inquiry which is later found to be invalid. “In the wake of the facts found in the preceding part of the judgement and position of law discussed above relaxation of the principle of “no work no pay” cannot be countenanced in this case. In fact granting backwages in the teeth of the principle of “no work no pay” will lead to unjust enrichment of the petitioner and unfair loss to the State exchequer. The petitioner does not have any lawful entitlement to the period of any backwages during the period of his imprisonment,” held Justice Ajay Bhanot.Accordingly, the writ petition seeking back wages for the period of incarceration was dismissed. Case Title: Shivakar Singh v. State Of U.P. And 5 Others 2025 LiveLaw (AB) 84 [WRIT - A No. - 10045 of 2020]Case citation : 2025 LiveLaw (AB) 84Click Here To Read/Download Order

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

Upasna Agrawal

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