The Supreme Court today deferred hearing on the batch of petitions filed by Hand Tools Manufactures Association, Indian Jute Mills Association and Ficus Pax Private Limited challenging Ministry of Home Affairs direction’s passed on March 29, directing employers to pay full wages to workers without deduction during lockdown. The Court has directed Centre to file its reply and adjourn the matter for two weeks.
During hearing the Solicitor General, Mr. Tushar Mehta has said that “new notification is issued”.
Thereafter, the Attorney General of India, Mr. K.K. Venugopal stated before the Court that notification of 17th May supersedes all earlier notifications, from 18th May earlier notification is not applicable. If for the past they have any complaint, let them specify.
He also mentioned that the government has passed a new notification on May 17 which supersedes the earlier March 29 MHA notification which has been challenged in these cases.
On which the Supreme Court bench comprising of Justice Ashok Bhushan, Justice Sanjay Kishan Kaul & Justice M.R. Shah, adjourned all the matters for a week as Union of India will file response in this week and Interim order of no coercive action to continue till then.
When the matter “Indian Jute Mills Association Vs Union of India” was called in the Virtual Court room 4 as Item No 28, the Petitioner contended that jute governed under manufactures and under essential commodities act.
“Under the jute control order, all employers have to pay fixed amount. This case cannot be tagged with others. This is a peculiar one. Though during lockdown, we were granted exemption but still we carried on as we are essential commodity. In West Bengal we were not allowed to function though we employed 2,000 employees. MHA May 18 notification supersedes earlier orders. Issue now is from March to May 18 and how wages be looked at”, said Senior Advocate Mukul Rohtagi who appeared for Jute Mills Association.
The Supreme Court on 15th May issued notice to the Central Government on a batch of petitions filed by Hand Tools Manufactures Association and Indian Jute Mills Association challenging the direction passed by the Union Ministry of Home affairs on march 29 directing employers to pay full wages to workers without deduction during lockdown.
“No coercive action shall be taken against the employers in the meantime”, ordered by a bench of Supreme court Justice L. Nageswara Rao, Sanjay Kishan Kaul and B.R. Gavai while issuing notice to centre.
These petitions challenged the order issued by Home Secretary on March 29 invoking powers under Section 10(2)(l) of the Disaster Management Act 2005 which is:-
“All the employees, 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 MHA direction was challenged as unreasonable and arbitrary and as violative of the fundamental right to trade and business of the employers. The petitioner said that since operations are completely shut down during the lockdown, it is impossible for the employers to continue to bear the burden of full salary of employees.
-India Legal Bureau