Thread by @barandbench

[LIVE ORDER THREAD] #SupremeCourt

The Supreme Court will shortly dictate orders in a batch of petitions challenging the March 29 @HMOIndia notification compelling payment of #wages to workers during the period of #lockdown Employers had urged that "no work no pay" rule apply

The three judge bench of Justices Ashok Bhushan, Sanjay Kishan Kaul and MR Shah had observed in the earlier hearing that since from May 18 wages payment was back to normal, court needs to see if #wages had to be paid for the 54 days from when #Lockdown1 was announced

The petitioners had argued that one way to meet the payment of #wages to employees was by utilizing the ESI funds with the Centre. However AG KK Venugopal had submitted that diversion of ESI funds wasn't usually adhered to.

Justice Ashok Bhushan begins dictating orders:

All issues raised by petitiners have to be decided together .. piecemeal consideration is not needed.

We had directed no coercive action to be taken against employers. Our orders will continue. Detailed adffidavit by Centre to be filed in last week of July. No coercive action order to continue till then: J Bhushan

J Bhushan: No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out

J Bhushan: the settlement if any as indicated would be without prejudice to the rights of the employers and employees as pending adjudication before this court

J Bhushan: List the matter in the last week of July.

Bullet points from #SupremeCourt order:

1. Centre to file detailed affidavit on legality of March 29 MHA notification by end of July.

2. No coercive action to be taken against companies refusing to pay wages till end of July.

3. Employers and employee to negotiate whether salary can be paid for 54 days.

4. If negotiation fails then the concerned labour authorities under states will come into picture.

5. Those employers/industry which were working during lockdown but not to full capacity can also enter negotiation

6. Employees can be allowed to come back to work without prejudice to the ongoing negotiation.

[Breaking] Payment of Wages amid COVID-19: "No industry can survive without workers", Supreme Court asks employers, employees to negotiate
#PaymemtofWages @HMOIndia #SupremeCourt
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