LAWS(CA)-2006-9-43

RITU SHARMA D/O SHRI R N SHARMA Vs. GTB HOSPITAL THROUGH ITS MEDICAL SUPERINTENDENT GURU TEG BAHADUR HOSPITAL GOVT OF NCT OF DELHI AND HEAD OF THE DEPTT OF OBST AND GYNAE GTB HOSPITAL GOVT OF NCT OF DELHI

Decided On September 13, 2006

JUDGEMENT

(1.) LEARNED proxy counsel for respondents, at this stage, after arguing the matter at length, states that matter may be adjourned. Request is turned down.

(2.) Applicant, through this OA, challenges an order passed by the respondents whereby her request for payment of wages from 26.11.2004 till 20.1.2005 has been turned down as well as refusal by the respondents to issue an experience certificate for the aforesaid period.

(3.) LEARNED Counsel would contend that for want of a proper notice or communication of order of resumption of duties, the period from 25.11.2004 to 20.1.2005 cannot be treated as' no work no pay', as it is an illegal act on the part of the respondents, which resulted in non-joining and performance of duties. As such, learned Counsel would contend that this period not only entails entitlement of wages to the applicant but also the issue of the experience certificate to her.