Lawstreet Journal

Petition Filed In SC By Exporter Stating That Payment Of 100% Wages To Workforce During Lockdown Is ‘Illegal, Unconstitutional And Violative Of Articles 14 And 19’

Lawstreet Journal 21 Apr 2020 11:49pm

Image courtesy: Lawstreet Journal Judiciary Petition Filed In SC By Exporter Stating That Payment Of 100% Wages To Workforce During Lockdown Is ‘Illegal, Unconstitutional And Violative Of Articles 14 And 19’

A Mumbai-based textile exporter Nagreeka Exports has challenged the constitutional validity of the orders issued by the ministry of home affairs and the Maharashtra government on March 29 and March 31, 2020 respectively, because neither the Central government nor the Maharashtra government is empowered to issue directions to private establishments under the Disaster Management Act, 2005

The petition seeks quashing of the government orders that mandated employers to pay full salary to their employees, workers, contract workers, and casual workers without any deduction, during the lockdown.

The exporter seeking setting aside of the orders said that directing private establishments to compulsorily pay 100% wages during lockdown is “illegal, unconstitutional” and violative of Articles 14 and 19 of the Constitution of India.

The Disaster Management Act, 2005 has been enacted as the central Act to deal with the management of disasters. This act envisaged a three-tier Disaster Management structure in India at National, States and District levels. Under the act, the NDMA, SDMA, NEC, NDRF, NIDM, and disaster-related funds were established.

Various government authorities have invoked their respective powers under the Disaster Management (DM) Act, 2005 to deal with the novel coronavirus (COVID-19) outbreak in the country. 

The powers exercised by the home secretary for being the Chairman of the National Executive Committee (NEC) under section 10 of the DM Act (2005) have been delegated to the Ministry of Health and Family welfare. Section 10 evaluates the preparedness at all governmental levels to respond to any threatening disaster… Continue Reading...


Tagged: lockdown   corona updates  
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