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Are govt. directives on payment of wages binding or advisory?


23-Apr-2023 (In Labour & Service Law)
​Are government directives related to payment of wages during lockdown binding on private companies or merely an advisory?
Answers (2)

Answer #1
308 votes
The Home Secretary, Ministry of Home Affairs, Government of India vide Order dated 29.03.2020, directed the State / UT Authorities to take necessary action and to issue necessary orders to their District Administration / Police Authorities to ensure that all the employers, be it in the industry or in the shops and commercial establishments, shall make payment of wages to their workers, at their workplace on the due date, without any deduction for the period their establishments are under closure during the lockdown. In addition, Ministry of Labour & Employment, Government of India vide its letter dated 20.03.2020 has advised all the employers of Public / Private Establishments not to terminate their employees, particularly casual or contractual workers from job or reduce their wages. If any worker takes leave, he should be deemed to be on duty without any consequential deduction in wages for this period. Further, if the place of employment is made non-operational due to COVID-19, the employees of such unit will be deemed to be on duty. In some states such as Haryana, the Director, Industries of Commerce, Haryana vide advisory dated 27.03.2020 has advised all the industrial and commercial establishments to transfer salaries to their employees.
 
Since the Order dated 29.03.2020 has been issued by the Home Secretary, Ministry of Home Affairs, Government of India while exercising the power conferred under Section 10(2)(l) of Disaster Management Act 2015 (“DMA”) acting in the capacity as Chairperson, National Executive Committee, it is binding upon all concerned. Section 10(2)(l) of DMA empowers National Executive Committee to give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster. Section 51 of DMA prescribes Punishment for obstruction, etc. against whoever, without reasonable cause refuses to comply with any such direction. As per Section 71 of DMA, no court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of any such direction. And in terms of Section 72 of DMA, the Act shall have overriding effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Till such time the above order by Ministry of Home Affairs is not modified or set aside by a competent court i.e. High Court / Supreme Court, the said order is binding and remains in force.
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Answer #2
993 votes
You may approach to Labor Commissioner. Legal advice to above topic is required to be discussed through video conferencing or through voice call. You may book Consultation for further help. You may also approach any local lawyer for your immediate help. Even if you are not able to make payment of lawyer fees. You may approach free Legal Aid services available in every District Courts.
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