Plea In SC Seeks Formulation Of Policy To Mitigate Problems Of Private Sector Employees Due To Sudden Lay-Offs

A plea has been filed in the Supreme Court seeking intervention of the court in terms of issuance of directions to both Central & State Governments to formulate a framework to counteract the problems faced by private sector employees, who have been suddenly laid off due to the lockdown.

The PIL has been filed by Advocate Aditya Giri and seeks affixation of the liability & accountability of all stakeholders, including the Employers for "their dereliction of duty and negligent role in failing to curb laying off of the employees" during this pandemic. The petitioner elucidates that even though the Prime Minister had issued an advisory on prohibition of cutting salaries or laying off during this pandemic, the employers have continued to do so.

"Despite an advisory by Hon'ble Prime Minister on prohibition from cutting any salary or laying off the employees during the Pandemic, this heinous act is still being practiced by many employers all across India. The unemployed humans are thus subjected to inhuman conditions by being exposed to a situation where they are left with no option but to sit at home being mentally harassed without any money in their pocket to feed the family" the petition reads.

Additionally, the petitioner has sought the Top Court's intervention to the tune of  directions to Government(s) for supporting those employees who are not able to maintain their families and fulfil basic needs on account of being laid off.

Apropos this, the plea avers that even though the Government has taken action in terms addressing the issue of unemployment during the pandemic and compensation is provided to workers rendered jobless through the "Atal Beema Vyakti Kalyan Yojana",  the pre-requisite of availing such a benefit is that they have to be registered with the Employee's State Insurance (ESI) scheme.

This, the plea avers, is not sufficient, especially since the scheme only "covers about two-thirds of the private organized sector and only about 2% of the 470-million workforce in India" and is thereby narrow in scope.

In this backdrop, it is contended that the National Policy on Disaster Management 2009 (NPDM) has several loopholes in terms of recovery, rehabilitation and reconstruction as the economy is suffering due to the pandemic and and regulations to tackle the calamitous situation are the need of the hour.

The plea states that the plans and packages to resuscitate businesses and industry in its aftermath are distinctly worrying as steps taken and relaxations given have little impact on the private sector employers. The government's piecemeal approach to safeguard economic rehabilitation does not inspire confidence for the future to the employer's and grievances of either side are required to be taken into consideration.

Calling out the need for an end to "the profit-at-all-costs mentality", the petitioner has called for two way talks with the stakeholders involved in terms of Section 11 of Disaster Management Act, 2016 along with the National Disaster Management Plan, 2016.

Furthermore, the petition avers that since the fundamental rights vis-à-vis 'Right to Safety' & 'Right to Dignity' are enshrined in the Constitution, the Government(s) is duty bound to ensure safety & security of the people of India and also provide them with a decent standard of living, especially in dire circumstances where many are at the losing end of their employment statuses.