The Home Ministry’s order to pay salaries to employees during the lockdown and not to be removed from the job has been challenged in the Supreme Court. The Home Ministry order, while filing the petition in the Supreme Court, has been said to be contrary to the constitutional norms. The petitioner company argued in the Supreme Court that the order not to expel employees and pay them every month is against the principle of employees not working or not.
Know what the Home Ministry directed for private corporates:
On March 29, the order issued by the Central Home Secretary stated that in view of the circumstances that resulted from the lockdown under the Disaster Management Act 2005, private companies are instructed that they should not remove their employees during the lockdown. , As well as pay the employees’ wedges on time. Following the March 29 decision of the Ministry of Home Affairs, the State Labor and Employment Secretaries also issued instructions to private sector companies of their states.
Know why the Home ministry decision contradicts constitution:
A Karnataka company filed a petition in the Supreme Court, stating that there are 176 permanent employees in its company while 939 employees are working on contract. As per the order of the Ministry of Home Affairs and Labor and Employment Secretary dated March 29, the wage of March has been paid while the company has lost 5-6% due to the lockdown. Also, after the government’s order came, the employees understood that they no longer needed to work, while their salary would be got by the government’s order.
The petition said that this order of the government was also contrary to each other in the sense that the employees who are working have to pay a salary, but the employees who do not want to work in the company, how to be forced to pay them. Could? The government’s order goes against “Equal Work, Equal pay”.
Know petitioner Anil Karwal take on this issue:
According to Supreme Court lawyer Anil Karnwal, “This government order is completely against the law.” These provisions have not been made anywhere in which the government is putting the economic burden on private sector companies by citing the Disaster Management Act 2005 (“DMA 2005”). Can you implement a reservation system? It will be completely illegal and non-constitutional ”.
He further states that “India is a public welfare state, if there is an emergency like lockdown, then it is the responsibility of the central and state governments to come forward and provide means, facilities for their citizens”.
Giving the example of America and Europe, Anil Karnwal says, “Like India, all the countries of the world have been devastated by an epidemic like Corona but they have given a package to every citizen, taking the responsibility of their citizens so that they can run their lives in the event of this emergency. The Government of India should also announce the same package, and should not have stood away by imposing responsibility on private companies ”.
Government can’t force private corporates:
The petition claimed that according to the constitution, everyone has the right to trade and earn a livelihood. The government cannot interfere in the livelihood and business of any private individual. At the same time, the government has no such power to force any private institution to discharge its economic responsibilities. Private organizations conduct their own business and pay wages to the people working in that trade. The government cannot compel under any law to pay salaries to its employees without running the business.