Strike Period Archives - CENTRAL GOVERNMENT EMPLOYEES NEWS https://centralgovernmentnews.com/tag/strike-period/ All about Central Government Employees News. Get the central govt employees latest news, DoPT Orders, 7th Pay Commission, DA Hike, latest notification for pensioners, MACP latest order, da for central government employees, and more. Tue, 26 Feb 2013 15:54:10 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://centralgovernmentnews.com/wp-content/uploads/2019/02/cropped-central-government-employees-news-32x32.png Strike Period Archives - CENTRAL GOVERNMENT EMPLOYEES NEWS https://centralgovernmentnews.com/tag/strike-period/ 32 32 Sanctioning of Leave : Dies non – No Work No Pay https://centralgovernmentnews.com/sanctioning-of-leave-dies-non-no-work-no-pay/ https://centralgovernmentnews.com/sanctioning-of-leave-dies-non-no-work-no-pay/#respond Tue, 26 Feb 2013 15:54:10 +0000 http://centralgovernmentnews.com/?p=1921 Sanctioning of Leave : Dies non – No Work No Pay All the Central Government employees those who are participated in the Two Day Strike have been warned by the government through its circular dated 15-02-2013, that leave of any kind will not be sanctioned for them. It is under stood that the absence of […]

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All the Central Government employees those who are participated in the Two Day Strike have been warned by the government through its circular dated 15-02-2013, that leave of any kind will not be sanctioned for them. It is under stood that the absence of two days in strike period will be treated as Dies non

The West Bengal State Government too issued a circular a day before , in which it has been said that no leave will be granted to its employees during the strike, and if they aren’t present in office it will be treated as dies non with no salary admissible if they don’t give a suitable reason and produce proper documents for refraining from turning up for duty.

What is Dies non ?

Dies non: In service terms, “dies non” means a day, which cannot be treated as duty for any purpose. It does not constitute break in service. But the period treated as ‘dies non’ does not qualify as service for pensioner benefits or increment.

As per the Postal Manual Volume III, Central Civil Services (Classification,Control and appeal) rules, 1965, the Absence of officials from duty without proper permission or when on duty in office, they have left the office without proper permission or while in the office, they refused to perform the duties assigned to them is subversive of discipline. In cases of such absence from work, the leave sanctioning authority may order that the days on which work is not performed be treated as dies non, i.e. they will neither count as service nor be construed as break in service. This will be without prejudice to any other action that the competent authorities might take against the persons resorting to such practices.

Source: gservants.com

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]]> https://centralgovernmentnews.com/sanctioning-of-leave-dies-non-no-work-no-pay/feed/ 0 “No Work, No Pay” will not apply to employees who were willing to work… https://centralgovernmentnews.com/no-work-no-pay-will-not-apply-to-employees-who-were-willing-to-work/ https://centralgovernmentnews.com/no-work-no-pay-will-not-apply-to-employees-who-were-willing-to-work/#respond Wed, 19 Sep 2012 13:34:44 +0000 http://centralgovernmentnews.com/?p=751 “No Work, No Pay” will not apply to employees who were willing to work… Ruling on ‘no work, no pay’ principle The principle of ‘no work, no pay’ will not apply to employees who were willing to work but not allowed to work by the employers despite valid judicial orders in favour of the workers, […]

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Ruling on ‘no work, no pay’ principle
The principle of ‘no work, no pay’ will not apply to employees who were willing to work but not allowed to work by the employers despite valid judicial orders in favour of the workers, the Madras High Court Bench in Madurai has held.
Justice S. Manikumar passed the ruling while dismissing a writ petition filed by Madurai Municipal Corporation in 2004 challenging an award passed by a labour court in 1999 to reinstate a sanitary worker who was dismissed from service in 1995 for unauthorised absence from duty.
Pointing out that the sanitary worker S. Mariappan was reinstated only in 2007, without prejudice to the outcome of the present writ petition, despite the order passed by the labour court, the judge said that he was entitled to back-wages from 1999 to 2007. He could also not be penalised or denied wages for the fault of the Corporation in not reinstating him in service and providing work, the judge added.
Delving into the history of the case, he said that the sanitary worker was accused of not attending duty since June 1, 1990 without any intimation or a reasonable cause. A charge memo was issued to him on December 31, 1992 .
There were certain defects in the memo. Therefore, another charge memo was issued on December 29, 1994. The worker submitted his explanation and claimed to have been suffering from jaundice. He also produced medical records to substantiate his claim. However, he was held guilty in the domestic enquiry and dismissed from service. The dismissal order was challenged in the labour court on many grounds including violation of principles of natural justice.
The labour court, after considering the applicant’s good record of service, condoned his solitary misconduct of unauthorised absence and ordered reinstatement without back-wages and hence the present case. Mr. Justice Manikumar said that the Corporation, which had accused its worker of absenting without a reasonable cause, itself was guilty of dragging on the issue for years together. The judge pointed out that even the disciplinary action was initiated after a delay of four years.
Further, the corporation had filed the present writ petition after an unexplained delay of five years from the date of the award passed by the labour court. The worker was reinstated in service only on August 8, 2007 without prejudice to the outcome of the writ petition which ended up in dismissal now.
Source: The Hindu
[http://www.thehindu.com/news/cities/Madurai/article3900256.ece]

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