- (1.) This appeal presents an instance of application of the rule, "no work, no pay" as well as the exception to the said rule. In response to an advertisement inviting applications for the post of Deputy Manager, Accounts (Project) , the first respondent who was employed with some other management, applied to the appellant Company on 25-2-1983. He was selected and a letter of appointment was issued to him on 23-5-1984. Between the said date and 22-10-1984, correspondence between the first respondent and the appellant is brought on record but it is not necessary to refer to the same because the appellant had agreed to extend the time till 22-10-1984 to enable the first respondent to join the service. It is not in dispute that, on that date, the first respondent reported for duty but he was not allowed to work nor was he paid any salary from that date.
(2.) It appears that the appellant was involved in litigation in the Calcutta high Court, with the Burns Standard Officers' Association being Civil Rule no. 4543 (W) of 1982. In the said proceedings, a learned Single Judge of the high Court at Calcutta passed the following order: "Till the disposal of this application, no appointment by way of direct recruitment is to be made in respect of non-selection post without the leave of this Court. "it is not in dispute that the post to which the first respondent was appointed is a non-selection post. Subsequently, that order came to be modified on 13-8-1984. The relevant portion of the modified order reads as under: "Meanwhile no appointment by way of direct recruitment is to be made in respect of non-selection posts without giving a notice of at least seven days to the petitioners' Association. If there is any objection raised by the Association then the Association shall be at liberty to mention this matter before this Court. "
(3.) It was by virtue of the said orders of the High Court, it is contended, the appellant was in a fix to permit the first respondent to join the service when he reported on 22-10-1984.;