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The Automobile Traders Association of Delhi (ATAD) has moved toward Supreme Court against Center's order guiding the private entities to pay full pay/wages to their staff during the lockdown time frame reported because of the episode of Covid-19. The petitioner has looked for subduing of proviso III of March 29 order given by the Ministry of Home Affairs under the Disaster Management Act guiding the private employers to make full installment of compensation/wages to their laborers or workers. The petition stated as follows:
"the central government under section 10 (2) (1) of the Disaster Management Act, 2005 lacks the legislative competence to direct private establishments to pay full wages/ salaries to their workforce. The impugned Government order is illegal, arbitrary and violative of Article 14 (19 ) (1) (g ) and 300 A of the Constitution and thus liable to be struck down and quashed by this Hon'ble Court."
The petition is filed for hearing tomorrow before the bench headed by Justice Ashok Bhushan, which is additionally to take up a clump of petitions relating to COVID 19 related issues. The request is filed by advocate Nikhil Jain and he expressed that the individuals from the association are confronting an "existential crisis" because of the pandemic. He contended that the impugned order, that had been passed, had no consideration of the economic downfall or depression that the private industries or their owners suffered. It absolutely neglected their financial ability to bear the costs involved in sustaining the business and how giving full wages to every work further aggravated the financial burden on them. He further stated:
"During this unprecedented situation of covid-19 various governments of different countries across the globe are taking measures for the workers/ employees, but the Government of India has not taken any steps for the workforce and instead put the entire burden on the employers owners to pay full wages salaries."
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