 and Maharashtra Government that full wages be paid to workers during the lockdown){kind=link}
An intervention application has been filed by several Trade Unions before the Supreme Court opposing the writ petition filed by Nagreeka Exports Limited to set aside orders from the Ministry of Home Affairs (MHA) and Maharashtra Government that full wages be paid to workers during the lockdown
The writ petition was filed by Nagreeka Exports limited for quashing of Government Order dated 29.03.2020 issued by the Ministry of Home Affairs, Government of India and subsequent Order of Government of Maharashtra dated 31.03.2020, directing payment of full salary to employees and workmen who are unable to work in industries and establishments inoperative due to the ongoing COVID-19 lockdown.
The intervention application has been filed by some of the largest Trade Unions in Maharashtra and the Maharashtra chapters of some of the largest Trade Unions in India , like HMS, AITUC, CITU, INTUC, etc. who are interested in the present writ petition as the issue of payment of wages during the present nationwide lockdown and closure of workplaces directly affects the sustenance and livelihood of its members. The applicants have also stated they wish to respond with a complete reply before the Court when the stage arises.
According to the applicants, the impugned order has been passed under the Disaster Management Act, 2005, which provides for the passing of orders in an emergent situation to deal with a disaster, and such a disaster clearly exists giving State the power to issue such an order under the said Act. In the present situation, most workers cannot survive such a lockdown without wages, which is why the Government has deemed it necessary to have a lockdown, clearly as a measure to make the lockdown effective. The government order merely recognizes the right of the workers to get their making the authorities responsible to see that such wages are paid.
The application also states that the contract of service of these workers is valid and subsisting during the lockdown as well, and therefore these workers are entitled to wages under such a contract. For workers where such contracts do not subsist, the Government has the right to create a contract or to create such conditions in an existing contract of service as may be required in the present situation under labour law and especially under such an emergent situation under the Disaster Management Act, 2005. Even, under the Industrial Disputes Act, 1947 wages of workers cannot be rescued without following proper procedure of law.
The application states that these workers are also faced with extra expenses for extra sanitation necessities and hygiene products such as soaps, masks, gloves etc. for adequate personal protection. Despite the closure of most functions, all expenses of the workers remain fixed and unchanged, which include school fees, rent, loan repayments, electricity, food, etc. Most of these workers are poor with barely any savings, being forced to borrow money from money-lenders.
According to the applicants, the workers in the present situation, are ready to work but are not being allowed to, and they do not deserve to be punished for the same, and any change of service conditions of the workers without following proper procedure under the law and an arbitrary pay cut would be illegal. The interests of the most affected stakeholders for whom the impugned Government Order and Resolution was passed, which are the workmen of the country and the State of Maharashtra, must be considered.
It is wrong to state that there is no intelligible differentia in classifying workers into a class. When the Legislature of our country, and all countries in the world have done the same throughout history by enacting legislation to afford protections to workers (such as the Industrial Disputes Act,1947 itself) which are not available to other citizens or employees of the country.
The application adds that the Government Resolution dated 31.03.2020 directing employers to refrain from deducting wages during the lockdown period are appropriate measures that are meant to safeguard the basic rights and sustenance of poor and neglected workers considering the social and economic hardships caused by the COVID-19 lockdown.
The applicants have prayed to be permitted to intervene in the writ petition and address and assist the on the legal issues arising in the petition.
-India Legal Bureau