BURN STANDARD COMPANY LIMITED Vs. TARUN KUMAR CHAKRABORTY

JUDGEMENT

(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:

(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.