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MHA Order directing Employers to Pay Salaries in Lockdown Not Applicable To those Unemployed Before Lockdown: Bombay HC [READ ORDER]

Lawstreet Journal 15 Jul 2020 10:15pm

Image courtesy: Lawstreet Journal Judiciary MHA Order directing Employers to Pay Salaries in Lockdown Not Applicable To those Unemployed Before Lockdown: Bombay HC [READ ORDER]

The Bombay High Court held that an order passed by the Union Ministry of Home Affairs under the Disaster Management Act compelling all states and union territories to ensure that all employers pay their employees’ salaries without any deduction during the lockdown does not apply to employees who have remained unpaid and unemployed for a long time.

Division Bench of Justices Ujjal Bhuyan and Riyaz Chagla jointly heard a written petition lodged by a Pune-based heavy machinery manufacturer called M / s Premier Limited against an order of the Industrial Court to pay back wages to employees who have not been paying since May 2019, along with a written petition lodged by Premier Employees Union seeking compliance with MHA's order dated 29th March 2020 and subsequent state GR dated 31st March 2020.

Nonetheless, the Court amended the Industrial Court's order dated 20th March 2020, to the degree that workers are now being paid half their wages (instead of full wages as ordered by the Industrial Court) on or before the tenth day of each month effective from 1st March 2020, until the complaint is disposed of.

The union filed a claim of unfair labor practice against the company's management and thereupon a petition was lodged before the Industrial Court, Maharashtra at Pune. The company received NOC from the Labor Commissioner's office, Maharashtra, to shift its plant from its original location.

NOC was conditional on the company making full payment of salaries and duties to the workforce and ensuring the continuity of their jobs.

In this regard, the company released a notice dated 3rd March 2020, addressed to all the employees and staff stating that the management had decided to suspend operations… Continue Reading...


Tagged: Lockdown  
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