Sidhant singh

Intern at ub Advocate
Email:- singhsidhant1100@gmail.com
Contact No:- 8076004328

INTRODUCTION
Today I will be discussing a very prominent topic which will solve the
problem of most of the worker in India who did not got salary due to
the corona lockdown. I will also discuss that is this lockdown order is
advisory or a legal recommended direction and under which law and
by whom this order can be led down. Due to these working classes are
facing many problems they don`t have any job secured and not able to
make their family run. I will be also discussing my client`s case for
your better understanding and helping him as well related to this topic.
MAIN BODY
Answering the above question, Lockdown is ordered by Indian
government and under disaster management act, 2005. By reading this
act you will be finding that whenever any natural calamity comes
there should be an organization which give an unified order to control
these calamity and their orders are must to be followed by the public.
But it is nowhere mention and not any rights are given to any
organization to order a direction to private employees to provide them
salary or not. There is an another act related to this Epidemic disease
act,1897 under this act the public had to follow the rules ordered by
them when any outbreak of disease is spread and in this act there is
also not about the whether to give salary to private employee or not.
The govt can apply this criteria to not provide salary to government
employee only and not for the private one. The industrial dispute
act,1947 under this a provision is led down by the government called
``lay-off’’ which made the owners to pay the compensation to the
workers It is a worker centric approach by the government. Lay-off is
defined that if any employer is unable to pay the employee due the
natural disaster, then they are liable to pay them some money as
compensation and it is mandatory to compensate. The amount of
compensation will be 50% of the wage. The government is
considering that due to corona the compensation should be granted
and they want 25% of aggregate wages of last two years should be
provided to the workers under Atal Bima Vyatka Yojana, 2018 which
came with a condition of having two years’ time to avail this benefit
and later on govt amended this and made it 25 % of last year salary
and it is a very good step.
CONCLUSION
Here we come to our concluding part and by this I think my readers
are very much aware of this topic. Talking about my client Babloo
case, His factory owner is bound by law to make the payment of his
salary because it is mention in the law and the government had issued
many orders which provide rights to worker to get compensation so,
Babloo should confidently demand his salary from his owner.
This opinion is based on the you tube videos
https://youtu.be/jK13ZDgQV01 and https://youtu.be/chn0iR6yvCI of
Jeevan Prakash, AOR, Supreme court.