No Coercive Action To Be Taken Against Non-Payment Of Full Wages: SC

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Introduction:

The Supreme Court on Friday issued the guidelines and allows the private industrial owners and establishments to negotiate the terms and settle with the Unions or workers in the issue regarding the payments of wages. This issue came into light after the government circular for the compulsory payment of wages during this pandemic.

Body

  • The writ petition was filed by different employers, employers association against the order issued under the Disaster Management Act, 2005 and the other substantial order issued by the different States stating that all the employers be it shops, industries or any other commercial establishment shall have to make payments to the workers working under them or at their workplace without any deduction during the closure of their establishments in lockdown period. The notification came on 29 March which after 54 days the notification was rescinded on 17th May.
  • The batch of petitions was heard and observed by Justice Ashok Bhushan, according to whom the industry cannot survive without its laborers and workers.
  • Therefore it was urged by the courts to settle the differences between employers and employees and resume work in a congenial atmosphere.

The Supreme Court thereby after hearing the petition passed the interim direction relating to the issue relating to the payment of wages during the lockdown in the Covid-19 pandemic.

Supreme Court’s Order

In its Interim Direction the following direction was issued:

  • Those industry owners, private establishments willing to negotiate may settle the issues with the workers or employees regarding payment of wages or may even seek help from labor department authorities and trade unions to settle.
  • Those industries and establishments which were working during this tenure but were not working in their full capacity can also take the above-mentioned steps.
  • The industries and private establishments shall now permit the workers to allow them to work at their workplace who are willing to work without infringing the rights of workers or employees regarding unpaid wages above 50 days.
  • The Central Government, States/UTs shall circulate and publicise the order for the benefits of all private establishments.

With such directions, the court continued its existing orders that no coercive actions should be taken against the private owners or industries who are unable to pay wages to workers during the lockdown.

By

Sakshi Raje

Student Reporter, INBA