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

Sr. Adv. Indira Jaising now reads out definition of disaster in sec 2(d).

“Under this act, a lockdown, a new word, contributed to legal language was made by the GOI. The authority that declares lockdown is simultaneously responsible to protect those who will be affected”.

Vishwanathan continues, “If they’re forced to pay, they’ll pay and then shut down their industries. This will lead to a complete shutdown of industries and the workers will lose out in the long run”.

Sr. Adv. KV Vishwanathan now submits, “There has to be some proportionality. They’re concerned with managing disaster, its also a disaster for us. This like a disaster for us and a bonanza for another.”

Gupta submits that there is a separate ESI fund which has 80,000 to 90,000 crores as surplus fund.

“The govt could have utilized 30,000 crores and pay the entire minimum wages to all workforce in the country, but they speak of 20 lakh crore”.

Gupta continues, “I am only challenging the payment to contractors - these were hired for expansion purposes, how can I pay when my workload is not in expanding mode? Not challenging this notification viz. in-house workers.”

Adv. Gupta, representing Ficus Pax, continues, “My situation is different, I have a huge number of workers. My workload has reduced to 10 per cent

How can I pay when theres no work?

I’m willing to sit and negotiate so as to provide them with necessary means.”

J. Bhushan, “You tell us, can you run an industry without labour ? Therefore you have to strike a balance. It Should not be tilted Either on side of the employer or the employee.”

J. Bhushan, “Do you agree with AG stating that there needs to be negotiation with the employer ?”

Adv Gupta, “Interim order of no coervice action should be extended to us as labour officers are harassing us.”

J. Bhushan, “Advisory is not a problem.”

Adv., “We need to see this in light of the mha order. This advisory has been passed by an authority which is not competent to pass it.”

AG requests the Court to adjourn the matter by 2 months and meanwhile let the interim order for no coercive action to continue.

Lawyer for Pet submits that it not just the MHA order but labour min advisory is also a problem which needs to seen in light of the MHA order.