Lawstreet Journal

High Court of Gujarat issues Notice to the Gujarat Govt on a Petition Challenging Factories Ordinance

Lawstreet Journal 17 Aug 2020 10:57pm

Image courtesy: Lawstreet Journal Judiciary High Court of Gujarat issues Notice to the Gujarat Govt on a Petition Challenging Factories Ordinance

On August 11,2020, the Gujarat High Court issued a notice to the state government on a petition challenging the Factories (Gujarat Amendment) Ordinance, 2020, and calling it "violative" of the basic human rights of factory workers.

The Gujarat government had passed notification a month before providing the factories are exempted from Section 51, 54, 55, and 56 of the Factories Act, 1948 that lays conditions for the working hour, for a prescribed period from April 20 to July 19, 2020. The plea filed by the Gujarat Mazdoor Sabha and Trade Union Centre of India that says the impugned notification enables workers in Gujarat be made to work 12 hours a day, 72 hours a week with 30 minutes break after 6 hours. The notification was passed by the invocation of Section 5 of the act by the state which reads, in any case of public emergency there shall be any or all provisions of the act be exempted. 

This Ordinance was challenged by the trade union, the Gujarat Mazdoor Sabha before the Supreme Court the state government’s decision to lengthen workers’ shift from eight hours to 12 hours on grounds that it is Ultra Vires and Grave misuse of Section 5 of the act and explains the public emergency means an emergency whereby the security of India or any part of the territory, therefore threatened whether by war or external aggression or internal disturbance. The petitioner has also mentioned that coronavirus pandemic was not declared as a public emergency as such. The… Continue Reading...


Tagged: Gujarat High Court  
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