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Regular-article-logo Tuesday, 24 December 2024

SC notice to govt on full-pay order

Some private establishments have challenged the notification saying it was arbitrary and illegal

Our Legal Correspondent New Delhi Published 27.04.20, 09:40 PM
The March 29 order had said: “…All the employers, be it in the industry or in the shops and commercial establishments shall make payment of wages of their workers at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown.

The March 29 order had said: “…All the employers, be it in the industry or in the shops and commercial establishments shall make payment of wages of their workers at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown. (Source: sci.gov.in)

The Supreme Court on Monday directed the central government to place before it the notification the home ministry had issued on March 29 directing private establishments to pay full wages to employees through the lockdown period.

Some private establishments have challenged the notification saying it was arbitrary and illegal.

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The petitioners have said that compliance with the directive would result in the closure of a number of industries, particularly small and medium enterprises that are already struggling to survive.

A bench of Justices N.V. Ramana, Sanjay Kishan Kaul and Bhushan Gavai issued notice to the Union government on the petitions filed by Ficus Pax Private Limited, a Karnataka-based company, and some others.

The March 29 order had said: “…All the employers, be it in the industry or in the shops and commercial establishments shall make payment of wages of their workers at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown.

“…wherever, the workers including the migrants are living in rented accommodation the landlords of those properties shall not demand payment of rent for a period of one month.

“If any landlord is forcing labourers and students to vacate their premises they will be liable for action under the Act…” the ministry had said, invoking the provisions of the Disaster Management Act, 2005.

The petitioners have contended that the notification is “arbitrary, irrational, unreasonable and unconstitutional” and said the Centre had no power to issue such a directive.

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