Allahabad High Court, in Shivakar Singh vs. State of U.P. and 5 Others (WRIT – A No. – 10045 of 2020), recently ruled that an employee is not entitled to back wages for work missed due to confinement in jail, as per the ‘No Work No Pay’ principle. The court emphasized that an employer cannot be burdened with paying back wages if an employee is incarcerated—especially when such absence is unrelated to any invalid disciplinary inquiry. While dismissing the employee’s petition, the court reasoned that granting back wages in such cases would lead to unjust enrichment for the employee and an unfair financial loss for the employer.
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