CONSUMERS PROTECTION ASSOCIATION, INDIA
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A Writ Petition has been filed challenging the constitutional validity of the central Govt order dated 20.03.2020 passed by Home Secretary, under Section 10(2)(l) of the Disaster Management Act 2005 being violative of Constitution of India. By this order all the state Chief Secretaries were advised as follows: The world is facing a catastrophic situation due to outbreak of COVID-19 and in order to combat this challenge, coordinated joint efforts of all Sections of the Society is required. In view of the above, there may be incident that employee’s/worker’s services are dispensed with on this pretext or the employee/worker are forced to go on leave without wage/salaries.” In the backdrop of such challenging situation, all the Employers of Public/Private Establishments may be advised to extend their coordination by not terminating 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 to be made non-operational due to COVOD-19, the employees of such unit will be deemed to be on duty. The Petitioner has further prayed for Issuance of a writ, directing the Respondents to subsidize the wages of workers to the tune of 70% for lockdown period by utilizing the funds collected by the Employees' State Insurance Corporation (ESIC) or the PM Cares Fund or through any other Government Fund / Scheme. Hon'ble Supreme Court has passed an order on Monday (27 April, 2020) directing the centre to place its policy on record in this regard within 2 weeks time.