Elucidating the principle of ‘No work, no pay’, the bench of Madan B. Lokur
and Kurian Joseph, JJ held that the aforementioned principle is the rule and
it’s exception is ‘no work, yet pay’. Citing the instance of such exception,
the Court said that compulsory waiting period is one such exception and to
qualify for the exception, an employee has to establish that he had made
earnest endeavors and yet that he was not able to join duty for no fault on his
part. Furthermore, he must also show his earnestness to join duty. Voluntary waiting is not covered under exception.
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