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The Bombay HC has held that order passed by the Union Ministry of Home affairs under the disaster management act directing all states and union territories to ensure that all the employers shall make payment of wages to there workers without any deduction during the lockdown, is not applicable to those workers who remained unpaid before the lockdown.
Division Bench of Justice Ujjal Bhuyan and RIYAZ Chagla heard together the writ petition filed by the heavy machinery manufacturing company from Pune against an order of the industrial court directing payment back wages to the workers who have not been paid since May 2019 along with the writ petition filed by premiere employees union seeking compliance of MHA’s order dated March 29, 2020 and subsequent state GR dated March 31, 2020.
The Union raised a grievance of unfair Labour practice against the management of the company and on that a complaint was registered before the industrial court, Maharashtra at Pune. The company obtained NOC from the police of commissioner of Labour, Maharashtra for shifting its plant from the original site. Raising the grievance that the aforesaid suspension notice amounted to unfair Labour practice, the union filed a complaint before the industrial court against the company. TH industrial court fond that the company did not follow proper procedure while issuing the notice dated on March 3 and arrived at the conclusion that the company had committed unfair legal practice. As, all the workmen’s have showed he willingness t work at the relocated plant but they have not been provided any such work by the management, Singh said and the arguments goes on with many of the questions and answers and finally the bench explained to be deemed to be on duty one should be on duty on the date when the lockdown was declared . to be entitled to or for continuity of salary wages during the lockdown was declared. Where there is ongoing adjudication pertaining to the claim of the workman to wages, the claim to wages would be subject to such adjudication. The central government order and the Maharashtra government resolution cannot be invoked to short circumvent upon before the competent forum.
Thereafter, the bench examined the order passed by the industrial court and noted that the company committed unfair Labour practice but said we find the above view of the industrial court to be contradictory an it is settled proposition of the law that ordinarily the final relief may not be granted by way of the interim order.
Thus, the court modified the industrial court’s order and directed 50% wages to be paid to the workers. Also, the industrial court has been directed to dispose of the complaint within six months.
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