1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3993 OF 2001 M.G.A. Society, HHCP High School for Girls, Pune and anr ....Petitioner. Vs. Mrs. Nikalje, S Jagannath ....Respondents. Mr. P. B. Shah for the Petitioner. None for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 6th April, 2010 P.C.: 1. Called out from the final hearing board. 2. The petitioner management has challenged the impugned order whereby the order of termination of respondent was set aside and further direction was given to make the payment of full back wages from 3.1.1996, without assigning any reason, there is no observation made of any kind about the back wages. There was no even issue framed on the same. No specific evidence was led even by the parties with regard to the same. 3. However, without going into the merits of the matter, it is clear that ‘no work no pay’ principle just cannot be overlooked in such matter. It is not necessary that in every matter and basically when the case of the petitioner management was that she was on probation and the action so taken just cannot be said to be bad in law and therefore, 2 the direction to pay back wages is not correct. However, on instructions, learned counsel for the petitioner makes statement that they are willing to continue the respondent No.1 in service as she has been working since 2002-03, provided that there is no question of full back wages as granted. Even otherwise in view of the above observation I see there is no case made out for grant of full back wages. Every reinstatement order should not be followed by back wages. The management is willing to continue the respondent in service and this fact just cannot be overlooked. The petition is disposed of with clear observation that the respondent No.1 shall not be entitled for any back wages but only continuity of service and all such benefits in accordance with law. 4. The petition is accordingly partly allowed with liberty. No order as to costs. (ANOOP V. MOHTA, J.)