Disaster Management Act, 2005 – s.10(2)(1) – Orders dated. 20.03.2020, 29.03.2020 issued u/s.10(2)(1) by Central govt. – Consequential orders issued by States directing the employers to pay wages during lockdown period – Challenge to – Held: Obligatory order having been issued on 29.03.2020 was withdrawn by subsequent order dated.17.05.2020 w.e.f. 18.05.2020, therefore in between there were only 50 days during which period, the statutory obligation was imposed – Thus, the wages of workers and employees which were required to be paid as per the order dated. 29.03.2020 and other consequential notification was during these
50 days – Interim measures issued that can be availed by all the private establishment, industries, factories and workers trade unions, employees associations etc. which may be facilitated by the State Authorities – Further, order passed in some of the writ petitions for not taking any coercive action against the employer, to continue in all the matters – Constitution of India – Arts.14, 19(1)(g), 21 – Industrial Disputes Act, 1947 – Payment of Wages Act, 1936 – Minimum Wages Act, 1948 – Contract Labour (Regulation and Abolition) Act, 1970.
Issuing interim measures, the Court
HELD: 1.1 The obligatory orders having been issued on 29.03.2020 which has been withdrawn w.e.f. 18.05.2020, in between there has been only 50 days during which period, the statutory obligation was imposed. Thus, the wages of workers and employees which were required to be paid as per the order dated 29.03.2020 and other consequential notification was during these 50 days. [Para 34][576-G-H; 577-A]
1.2 Following interim measures are issued which can be availed by all the private establishment, industries, factories and workers Trade Unions/ Employees Associations etc. which may be facilitated by the State Authorities:-
i) The private establishment, industries, employers who are willing to enter into negotiation and settlement with the workers/employees regarding payment of wages for 50 days or for any other period as applicable in any particular State during which their industrial establishment was closed down due to lockdown, may initiate a process of negotiation with their employees organization and enter into a settlement with them and if they are unable to settle by themselves submit a request to concerned labour authorities who are entrusted with the obligation under the different statute to conciliate the dispute between the parties who on receiving such request, may call the concerned Employees Trade Union/workers Association/ workers to appear on a date for negotiation, conciliation and settlement. In event a settlement is arrived at, that may be acted upon by the employers and workers irrespective of the order dated 29.03.2020 issued by the Government of India, Ministry of Home Affairs.
ii) Those employers’ establishments, industries, factories which were working during the lockdown period although not to their capacity can also take steps as indicated in direction No.(i). iii) The private establishments, industries, factories shall permit the workers/employees to work in their establishment who are willing to work which may be without prejudice to rights of the workers/employees regarding unpaid wages of above 50 days. The private establishments, factories who proceed to take steps as per directions (i) and (ii) shall publicise and communicate about their such steps to workers and employees for their response/participation. The settlement, if any, as indicated above shall be without prejudice to the rights of employers and employees which is pending adjudication in these writ petitions. [Para 37][577-D-H; 578-A-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.