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Centre's order to pay full salary during lock down period challenged in the Supreme Court of India

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April 28, 2020, 12:07 a.m.

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.