IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12834 of 2005 1. THE UNION OF INDIA THROUGH THE CHIEF POST MASTER GENERAL, BIHAR CIRCLE,PATNA. 2. THE SUPERINTENDENT OF POST OFFICES, EAST CHAMPARAN POSTAL DIVISION, MOTIHARI 3. THE SUB DIVISIONAL INSPECTOR OF POST OFFICES, RAXAUL SUB DIVISION, RAXAUL, DIST-EAST CHAMPARAN POSTAL DIVISION ---- ----- PETITIONERS. Versus 1. THE CENTRAL ADMINISTRATIVE TRIBUNAL, THROUGH ITS REGISTRAR, SHRI KRISHNA NAGAR, PATNA. 2. JANG BAHADUR SINGH, SON OF LATE DHANESHWAR SINGH, AGED ABOUT 63 YEARS, RESIDENT OF VILLAGE LAL PARSA, P.O. SUKUL PAKAR, VIA-SUGAULI DIST. EAST CHAMPARAN(MOTIHARI) AND GDS PACKER SUGAULI SO IN EAST CHAMPARAN POSTAL DIVISION. 3. SHRI KAMLESHWAR THAKUR, SON OF SHRI RAMADHAR THAKUR, RESIDENT OF VILLAGE- BARMASWA, P.O. HARSIDHI, DIST-EAST CHAMPARAN AND AT PRESENT WORKING AS GDS PACKER SUGAULI SO IN EAST CHAMPARAN POSTAL DIVISION.------RESPONDENTS. For the petitioners:- Mr. S.N.Pathak,Advocate For respondent No.2:- Mr. I.D.Prasad,Advocate For respondent no.3:- Mr.Hemanat Kumar Karn, Advocate 7 20.10.2008 This application has been filed for quashing the order dated 8th of December, 2004 passed by the Patna Bench of the Central Administrative Tribunal in OA No.234 of 2004, whereby the prayer made by the applicant respondent no.2 for payment of arrears of salary has been partly allowed. Mr. S.N.Pathak, appears on behalf of the petitioners. Respondent no.2 is represented by Mr. I.D.Prasad. Respondent no.3 is represented by Mr. Hemant Kumar Karn. - 2 - Mr. Pathak contends that respondent no.2 is not entitled for arrears of salary on the principle of no work no pay. We do not find any substance in the submission of the learned Counsel. The principle of no work no pay applies when an employee voluntarily does not work. It does not apply to a case in which the employee is prevented from working illegally by the employer. In the facts of the present case the Tribunal has found respondent no.2 to be entitled to 50% of the back wages. We do not find any error in the same. Application stands dismissed. (Chandramauli Kr.Prasad,J.) (Subash Chandra Jha,J.) A.Kumar