Lawstreet Journal

SC Quashes Gujarat Labor And Employment Department’s Notification For Extending Work Hours Under Factories Act, 1948 Without Overtime Pay, Says-Covid-19 Is Not A Public Emergency

Lawstreet Journal 2 Oct 2020 8:54pm

Image courtesy: Lawstreet Journal Judiciary SC Quashes Gujarat Labor And Employment Department’s Notification For Extending Work Hours Under Factories Act, 1948 Without Overtime Pay, Says-Covid-19 Is Not A Public Emergency

The Supreme Court has canceled the notification issued by Gujarat’sLabor and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 regarding their daily working hours, weekly working hours and intervals for rest, and spread overs of adult workers as well as from payment of overtime wages at double rates as mentioned under section 59 of the Factories Act, 1948. 

The Bench comprised Justice DY Chandrachud, Justice KM Joseph, and Justice Indu Malhotra where it was held that pandemic condition is not a valid reason to exempt with the statutory provisions of the legislation, especially which are providing dignity and rights to workers by the Gujarat government. The bench also mentioned that Covid-19 doesn’t come under the category of “public emergency” as stated in Section 5 of the Factories Act, 1948 threatening the security of the nation. 

The Bench had reserved its order on 23rd September 2020 for the plea challenging the notification issued by the Gujarat government on 17th April 2020. The notification was supposed to be issued on the basis of Section 5 of the Act for the specified period- April 20 to July 19, 2020. The Bench also stated that since the notification, was a strong subject matter for the challenge in the writ petition under Article 32 of the Constitution, during the pendency of the proceedings it was further extended to July 20, 2020, and the petitioner was given the liberty to formally challenge the following notification. 

 

The notification stated, “The impugned notification exempts factories from section 51, 54,… Continue Reading...


Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.