The association has challenged the validity and vires of section 10(2)(l) of Disaster Management Act, 2005 and for setting aside of Government Order dated 29/03/2020 issued by Ministry of Home Affairs, Government of India, under section 10(2)(I) of the Disaster Management Act, 2005.
According to this Govt order, the Centre had issued order to Ministries/Departments of GOI, State and Union Territories Govts' and authorities to strictly enforce lockdown measures in lieu to curb the spread of novel coronavirus.
However, the association's petition challenges clause (iii) of the said Government Order which directs all the employers to pay full wages to its workers, without any deduction, during the lockdown period.
Also Read: What India Has Achieved During The 30 Days Lockdown Tenure?
Despite of the aforesaid vires, the association in petition stated that:
1) Disaster Management Act, 2005 does not empower the Government of India to direct the private establishments to pay full wages to its workers during the lockdown.
2) Government Order dated 29/3/2020 violates the Industrial Disputes Act, 1948, which provides for payment of 50% wages under natural calamity.
3) Government of India issued the Government Order haphazardly, did not consider financial ability of private establishments if they can bear the burden of full wages during the period of lockdown.
4) Government of India is hailing hundreds of cores of unclaimed provident fund and Employees State Insurance Corporation contribution in banks, which brings interest to govt and proves beneficial, despite using this contribution of the industry towards the welfare of workers/employees, the direction by GOI to private establishments to pay full wages is completely arbitrary and unreasonable.
5) Government Order violates Article 14,19 and 300A of the Constitution of India.
6) Government Order does not provide any clarification in respect of its applicability to workman class or all employees of all private establishments, otherwise, this will have grave financial implications on all private establishments.
7) Government Order suffers from gross arbitrariness, irrationality and hostile discrimination, and liable to be struck down for being unconstitutional.
Besides striking the official order, Association has sought a declaration from the Hon’ble Court that section 10(2)(l) of the Disaster Management Act, 2005, in the event it confers power on the Central Government to direct private establishments to make full payments of wages to the employees during the lock-down period, as being illegal, arbitrary and violative of Articles 14, 19(1)(g), 265 and 300A of the Constitution, said S C Ralhan, President of the Association.