[LIVE UPDATES] Supreme Court Hearing On Challenge Against MHA Notification On Full Wages To Employees During Lockdown

Supreme Court reserves order for June 12. No coercive action will be taken against any employers pursuant to March 29 MHA order

J. Bhushan asks AG to answer two queries, “Submissions have been made regarding ESI fund. Whether can be utilised for helping workers?

AG responds, “It cannot be redirected, but they can borrow from it.”

J. Bhushan - “Query 2 is that submission that this order was issued only for migrant workers, what do you say to that?l

AG, “I wouldn’t restrict it. Main objective was that if they get paid, they need not migrate.”

Adv. Varun Singh submits to the Bench that it is the Responsibility of govt to mitigate the workers’ issues. He draws corollaries between how usa and uk have handled. “Why am I being made to suffer as an industry ?”

Adv. Jeetender Gupta now refers to Sec. 35(c) of the DMA, “We are not against workers, i’m only saying that in terms of sec 35(c), the govt should have created a fund for mitigating the problems of workers”.

Sr. Adv. CU Singh submits, “If they have means, why should Supreme Court under Article 32 be called upon fo interfere then? As of now no prosecution has been initiated”.

Sr. Adv. JP Cama now submits, “This notification cannot be taken into account on a piecemeal basis. The GOI’s consistent stand has always been to seek cooperation from the management. Many state governments have refused to pay full wages.”

Jaising, “Principal of no work no pay is not applicable in the present circumstances, especially when there is lockdown. This argument holds no water. It is DMA which is governing the whole country. I urge you not to quash the notif. Only MSMEs have come and have gotten relief.”

Sr. Adv. Anand Grover, “If govt. can order lockdown, then it has the power to issue other orders too, it allows centre to issue all necessary orders.”

Jaising, “We are talking about the poorest of the poor here. We are talking about those people who don’t have roofs over their heads, dont have food. They say they don’t want to pay contractors, ask them how much they pay their contractual workers ?”

Jaising submits to the Bench that the Industrial Disputes Act is being given a complete go-by and the matter has to be decided within the contours of DMA.

Jaising, appearing for the workers, further submits, “We are wearing masks not because we are sick but we are following the norms. We all followed lockdown conditions.”

Jaising then draws attention of the Court to Sec 22 of the Act.

Jaising submits that the authority announcing the lockdown is duty bound to make amends.