MOST IMPORTANT BREAKING NEWS

THE OUT COME OF TODAY’S PROCEEDINGS ABOUT 29 WRIT PETITIONS

SK Gupta , Advocate , Supreme Court,

www.makeinindialawfirm.com
Email : skpfdelhi@gmail.com, M:9891170907

As many as 29 WPs are listed for 04.06.2020 for hearing before the Hon’ble
Supreme Court ( Court No.05) in respect of the MHA order No. 40-3/2020-
DM-I (A) dated 29.03.2020. The Employers / Association has ,interalia,
prayed for quashing the following paragraph of the MHA’s order (supra).

(iii) All the employer, be it in the industry or in the shops and

commercial establishment, shall make payment of wages
of their workers, at their workplaces, on the due date,
without any deduction, for the period their establishment
are under closure during the lockdown.

THE OUTCOME OF TODAY’S PROCEEDINGS

Arguments from both sides got completed and order reserved for final
order on 12.06.2020
Conversation of arguments are as under :
SC Bench headed by Justice Shri Ashok Bhushan Shri Justice Sanjay Kishan Kaul and Shri M R Shah
Shri KK Venugopal had appeared on behalf of the Union of India.

The arguments were placed by the concerned Learned Advocate(s) which are as under :
( descending order)

J. Bhushan - “Query 2 is that submission that this order was issued only for migrant workers,
what do you say to that?l

AG, “I wouldn’t restrict it. Main objective was that if they get paid, they need not migrate.”
[04/06, 13:23]

J. Bhushan asks AG to answer two queries, “Submissions have been made regarding ESI fund.
Whether can be utilised for helping workers?

AG responds, “It cannot be redirected, but they can borrow from it.”
Jun 2020 1:07 PM
Adv. Varun Singh submits to the Bench that it is the Responsibility of govt to mitigate the workers’
issues. He draws corollaries between how usa and uk have handled. “Why am I being made
to suffer as an industry ?”

4 Jun 2020 1:03 PM

Adv. Jeetender Gupta now refers to Sec. 35(c) of the DMA, “We are not against workers,
i’m only saying that in terms of sec 35(c), the govt should have created a fund for mitigating
the problems of workers”.

4 Jun 2020 1:02 PM

Sr. Adv. CU Singh submits, “If they have means, why should Supreme Court under Article 32
be called upon fo interfere then? As of now no prosecution has been initiated”.

Sr. Adv. JP Cama now submits, “This notification cannot be taken into account on a piecemeal basis.
The GOI’s consistent stand has always been to seek cooperation from the management.
Many state governments have refused to pay full wages.”

4 Jun 2020 12:43 PM

Jaising, “Principal of no work no pay is not applicable in the present circumstances, especially
when there is lockdown. This argument holds no water. It is DMA which is governing the
whole country. I urge you not to quash the notif. Only MSMEs have come and have gotten relief.”

Sr. Adv. Anand Grover, “If govt. can order lockdown, then it has the power to issue other orders too,
it allows centre to issue all necessary orders.”

4 Jun 2020 12:35 PM

Jaising, “We are talking about the poorest of the poor here. We are talking about those people
who don’t have roofs over their heads, dont have food. They say they don’t want to pay contractors,
ask them how much they pay their contractual workers ?”

Let us wait for final order which will be pronounced on 12.06.2020

For seeking order , please send email : skpfdelhi@gmail.com

S K Gupta, Advocate, Supreme Court