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

J. Kaul, “We are concerned with 29 March notification. It asks for 100 per cent payment and prosecution. We have reservations over this. Some discussion should be held to work out some solution for this period of time.”

J. Bhushan, “Some negotiations have to happen between employers and workmen to iron out what to be done for the salary for these 54 days”.

J. Kaul, “On one hand you say you’re trying to put money in the pocket of worker, so now some negotiation is required for a solution”.

AG submits to the Court that the govt has infused 20,000 cr in the MSME sector.

“This is to your question whether have we put in funds. Govt. of India has done a very good job.”

J. Kaul, “We are asking you to give certificate.”

J. Bhushan then points to a prayer made by petitioners that asks govt to subsidize the wages.

AG submits to the Bench that under the industrial dispute act, conciliation and settlement is there.

“The most appropriate thing would be to consider the humanitarian situation due to which this order was issued.”

AG submits that in any event they have to pay 50 percent.

J. Kaul, “We can find out via media. Give us a practical solution.”

J. Kaul states that there can be negotiation industry-wise as it may not be possible to give 100 per cent. The govt can play a role of a facilitator in this.

“There is a concern that workmen should not be left without pay, but industry may not have the money to pay.”

J. Kaul to AG, “Firstly, you have not invoked the provisions of the DMA. What is required to be paid is 50 per cent. You have put forth payment of 100 per cent. Question is do you have power to get them to pay 100 per cent and on their failure to do so, prosecute them ?”

AG submits to the Bench that the entirety of the notification is for preventing human suffering, keeping aside the validity that this is a matter between employers and employees.

AG, now reading out the Disaster Management Act to justify the notification.