Critical scrutiny of ‘No Work No

Pay’ Doctrine
Class: BALLB 5th sem
 INTRODUCTION
• The principle of ‘No Work No Pay’ is
enshrined in the relationship between
an employer and employee. Where an
employee refuses to work as a result
of a strike or absence from work or
various other reasons, the employer
has no obligation to pay any wages.
 RIGHT TO STRIKE

• Statutory Right
• Before delving into the judicial decisions on the
matter, it is pertinent to understand the
statutory provisions that are involved. The
Statement of Objects and Reasons of the
Industrial Disputes Act itself gives us an idea of
the intention of the framers with regards to
strike.
• Fundamental and Legal Right
• The working class has earned the right to strike
after a lengthy and arduous struggle. Strikes are
integral to the process of bargaining in an
industry. A worker has few other means of
defending her wage other than seeking an increase
in money wage. If a capitalist does not grant the
requested increase, she can be brought to the
negotiating table by workers going on strike. The
same applies to government servants as well but it
is not merely the authorities but also the general
public which suffers a loss.
 STRIKE AND ‘NO WORK NO PAY’

• The remuneration or salary earned by a worker

depends on the performance of work in
accordance with the contract of employment. No
part of the remuneration can be claimed unless
the service is completely performed in a
situation where the contract provides for
payment on the completion of a period of service
or a piece of work. The employer may deduct the
salary of the entire day if the worker absents
even for a period of a few hours.
• The Court stated the well settled principle of law
that in order to be entitled to wages for the
period of strike, the strike must be both legal
and justified and that a strike cannot be said to
be unjustified unless the reasons for it are
unreasonable or perverse.
 CONCLUSION

• Workers must be entitled to wages for strikes

which are justified and legal. Legality involves
following the procedure laid down in various
provisions whereas justification requires the
absence of perverse reasons. Both must be
ascertained on a case to case basis. Therefore, the
decision of the Supreme Court in the Syndicate
Bank case is correct and holds the field as far as
the principle of “no work no pay” in considered.