FICUS PAX PRIVATE LTD. & ORS. versus UNION OF INDIA & ORS.

Citation: [2020] 6 S.C.R. 564 · Decided: 12-06-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Directions issued

Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 6 S.C.R.
FICUS PAX PRIVATE LTD. & ORS.
v.
UNION OF INDIA & ORS.
(Writ Petition (C) Diary No. 10983 of 2020)
JUNE 12, 2020
[ASHOK BHUSHAN, SANJAY KISHAN KAUL
AND M. R. SHAH, JJ.]
Disaster Management Act, 2005 – s.10(2)(1) – Orders dated.
20.03.2020, 29.03.2020 issued u/s.10(2)(1) by Central govt. –
Consequential orders issued by States directing the employers to
pay wages during lockdown period – Challenge to – Held:
Obligatory order having been issued on 29.03.2020 was withdrawn
by subsequent order dated.17.05.2020 w.e.f. 18.05.2020, therefore
in between there were only 50 days during which period, the
statutory obligation was imposed – Thus, the wages of workers and
employees which were required to be paid as per the order dated.
29.03.2020 and other consequential notification was during these
50 days – Interim measures issued that can be availed by all the
private establishment, industries, factories and workers trade
unions, employees associations etc. which may be facilitated by the
State Authorities – Further, order passed in some of the writ petitions
for not taking any coercive action against the employer, to continue
in all the matters – Constitution of India – Arts.14, 19(1)(g), 21 –
Industrial Disputes Act, 1947 – Payment of Wages Act, 1936 –
Minimum Wages Act, 1948 – Contract Labour (Regulation and
Abolition) Act, 1970.
Issuing interim measures, the Court
HELD:  1.1 The obligatory orders having been issued on
29.03.2020 which has been withdrawn w.e.f. 18.05.2020, in
between there has been only 50 days during which period, the
statutory obligation was imposed. Thus, the wages of workers
and employees which were required to be paid as per the order
dated 29.03.2020 and other consequential notification was during
these 50 days. [Para 34][576-G-H; 577-A]
1.2 Following interim measures are issued which can be
availed by all the private establishment, industries, factories and
[2020] 6 S.C.R. 564
564
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workers Trade Unions/ Employees Associations etc. which may
be facilitated by the State Authorities:-
i) The private establishment, industries, employers who are
willing to enter into negotiation and settlement with the workers/
employees regarding payment of wages for 50 days or for any
other period as applicable in any particular State during which
their industrial establishment was closed down due to lockdown,
may initiate a process of negotiation with their employees
organization and enter into a settlement with them and if they are
unable to settle by themselves submit a request to concerned
labour authorities who are entrusted with the obligation under
the different statute to conciliate the dispute between the parties
who on receiving such request, may call the concerned Employees
Trade Union/workers Association/ workers to appear on a date
for negotiation, conciliation and settlement. In event a settlement
is arrived at, that may be acted upon by the employers and
workers irrespective of the order dated 29.03.2020 issued by
the Government of India, Ministry of Home Affairs.
ii) Those employers’ establishments, industries, factories
which were working during the lockdown period although not to
their capacity can also take steps as indicated in direction No.(i).
iii) The private establishments, industries, factories shall
permit the workers/employees to work in their establishment
who are willing to work which may be without prejudice to rights
of the workers/employees regarding unpaid wages of above 50
days. The private establishments, factories who proceed to take
steps as per directions (i) and (ii) shall publicise and communicate
about their such steps to workers and employees for their
response/participation. The settlement, if any, as indicated above
shall be without prejudice to the rights of employers and
employees which is pending adjudication in these writ petitions.
[Para 37][577-D-H; 578-A-C]
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) Diary
No. 10983 of 2020.
[Under Article 32 of the Consitution of India]
With
FICUS PAX PRIVATE LTD. v. UNION OF INDIA
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SUPREME COURT REPORTS
[2020] 6 S.C.R.
W.P. (C) No. 500/2020, 498/2020, 480/2020, 484/2020, 501/2020,
494/2020, W.P.(C) Diary No. 10981/2020, 10993/2020, 11018/2020,
10041/2020, 10048/2020, 10094/2020, 11111/2020, 11180/2020, 11194/
2020, 11223/2020, 11282/2020, 11309/2020 and 11310/2020.
K.K. Venugopal, AG, K.M. Nataraj, ASG, Nalin Kohli, AAG,  K.V.
Viswana

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