Rashtriya Shramik Aghadi. Vs. The State of Maharashtra and Others - (High Court of Bombay) (12 May 2020)

The principle of 'No Work No Pay' cannot be made applicable in extraordinary circumstances prevailing in the country due to the pandemic of COVID-19

MANU/MH/0560/2020

Labour and Industrial

By present petition, the Petitioner Union has made a grievance that, after the lock-down has been effected and though the members of the Petitioner Union, are willing to offer their services as security guards and health workers with Shri Tuljabhavani Mandir Sansthan, Tuljapur, they are precluded from performing their duties on account of the clamping of lock-down for containment of COVID¬19 pandemic. Though certain proceedings are pending under the Industrial Disputes Act, 1947 and the Contract Labour (Regulation and Abolition) Act, 1970 before the Assistant Commissioner of Labour, further hearings in the matter are not possible due to the clamping of the lock¬down.

The learned advocate for the Petitioner has uploaded a ready reference chart to indicate the gross monthly wages of the employees till January-February, 2020 and the payments made by the contractors to the said employees for the months of March and April, 2020. Considering the submissions of the Petitioner, it appears that the payments made by the contractors for the month of March, 2020 are slightly lesser than the gross salary and for the month of April, 2020 a paltry amount is paid.

Present Court cannot turn a Nelson's eye to an extraordinary situation on account of Corona virus/ COVID¬19 pandemic. Able bodied persons, who are willing and desirous to offer their services in deference to their deployment as contract labourers in the security and house keeping sector of the Trust, are unable to work since the temples and places of worships in the entire nation have been closed for securing the containment of COVID-19 pandemic. Even the principal employer is unable to allot the work to such employees in such situation. Prima facie, the principle of “no work¬ no wages” cannot be made applicable in such extraordinary circumstances. The Court cannot be insensitive to the plight of such workers, which has unfortunately befallen them on account of the Covid-19 pandemic.

In view of the above, the Petitioner is directed to add the two contractors as Respondent Nos.4 and 5. Liberty is granted to serve the contractors through all legally permissible and possible modes of service. In the meanwhile, the District Collector, in his capacity as President of Respondent No.2 Trust/ Principal Employer, shall ensure that full wages, save and except food allowance and conveyance allowance (only with regard to the employees who are not required to report for duties), shall be disbursed by the contractors to the concerned employees for the months of March, April and May, 2020. The principle of “no work- no wages” shall not be invoked until further orders in present petition.

Such payment of wages would be subject to the result of this petition or the proceedings before the Assistant Commissioner of Labour, Latur, which would progress only if the lockdown is completely lifted and free movement of citizens would be permitted.

Tags : WAGES PAYMENT DIRECTION