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28. Having held so, the question still remains to be answered is : whether the Industrial Tribunal was justified in exercise of its judicial discretion in directing the employer to pay wages to the complainants in excess of a weekly off by marking their presence on those days and also to pay wages for Diwali Holidays by marking them present.

29. One of the principles well known in the matters of service is that if a person has worked, he must be paid and if he has not worked, he should not be paid. This is expressed in doctrine, `no work, no pay'. Another oft-repeated principle in service jurisprudence is that if an employer has wrongly denied an employee his due then in that case he should be given full monetary benefits. But none of these principles is absolute nor can these principles be applied as a rule of thumb. Of late, the Courts have followed the principle that a person is not entitled to get something only because it would be lawful to do so.