Plea in SC seeking to declare gov order of full payment of wages as unconstitutional

A plea has been moved in the Supreme Court challenging the constitutional validity of the orders issued by MHA ordering payment of salaries to the workers during the nationwide lockdown to contain the coronavirus outbreak says that any such order is violator of fundamental rights guaranteed under Article 14 and 19 of the constitution.

New Delhi: A PIL has been filed in the Supreme Court seeking directions to declare the Government's advisory of making full payment of wages by the private establishments to the workers during the lockdown as illegal, arbitrary and violator of Articles 14, 19(1)(g), 265 and 300A of the constitution.

It seeks to declare Section 10(2)(1) of the Disaster Management Act, 2005, as illegal, in the event that same are interpreted as conferring power on the Central government to order private establishments regarding payments.

The petitioner contends that nothing in the Act provides for continued payment of wages by the employers during a disaster and the Parliament lacks legislative competence to enact a law compelling them to pay full wages irrespective of the work done.

It says that any such order is a violator of fundamental rights guaranteed under Article 14 and 19 of the constitution and obligation of payment arises only when the work is done.

"Directing private establishment to pay full salaries against no work to their workforce is akin to taking away their property. Article 300A provides a constitutional right and protection that no person shall be deprived of his property and save by authority of law. The Act does not want this aspect of taking any property of private establishment when no work is done," read the petition.

Explaining further the petitioner argues that all private establishments are not alike and the one suffering losses or in huge debts can not pay the workers.

Calling the government discriminatory the petitioner contends that without taking due care and deliberation and its financial implications on the employers during corona pandemic the government has passed its order.

"When the entire economy is under lockdown, it is impossible for the employers, more particularly, when revenue of businesses is zero, to keep making payments to its workers when there is no definite period after which the lockdown appears to end," contended the petitioner.

The PIL has been filed by Ludhiana Hand Tools Association and it is the second such petition which has been filed in the apex court opposing government's order of full payment of wages to the workers during a lockdown.

An intervening PIL has been also filed by the workers opposing the prayers and seeking full wages.