News Article - Covered by Abhishek Bhushan Singh and Edited by Niloy Subir Ghosh
The Delhi HC in an order dated 29 May dismissed a plea seeking the implementation of MHA order directing all the employers make payment of wages to their workers during the lockdown period. The hearing was conducted under a single-judge bench of Justice Navin Chawla through video conferencing.
The petition had been filed by the employees of a Taxi Company through Advocates Mr Satyam Singh Rajput and Mr Amit Kumar Sharma regarding the issue of non-payment of wages and cancellation of their employment amid the lockdown period.
The Court found disputed facts concerning the employment of the employees. The petitioners claim themselves to be permanent employees of the respondent’s. The respondents refute the said claim by submitting that they were employed only on a work-to-work basis and not permanently. The Court disposed of the matter stating, “As the petition raises disputed questions of fact which cannot be adjudicated while exercising jurisdiction under Article 226 of the Constitution of India, the same is disposed of, granting liberty to the petitioners to approach the concerned Authority under the Delhi Shops and Establishments Act, 1954.”
The Court further directed the central government and the lower courts to decide expeditiously on cases seeking directions to ensure all employers make payment of wages to their employees during the lockdown period. The Court held that such cases must be decided within three months from the date of its receipt. The Court further ordered that in such proceedings both parties shall provide full assistance to the concerned authority and shall not take any unnecessary adjournment.
Read Order: