SC issues notice to Centre on MHA directive on salary

NEWDELHI:The Supreme Court on Friday issued a notice to the Centre in response to petitions challenging the Union home ministry’s March 29 directive asking employers to pay full wages to employees during the Covid-19 lockdown period.

In one of the pleas filed by the Hand Tool Manufacturers Association of around 52 firms in Punjab, the court granted limited interim relief and said that no coercive measures should be adopted for one week against employers if they fail to comply with the March 29 directive.

“Issue notice returnable next week. No coercive action shall be taken in the meanwhile,” a justice L Nageswara Rao-led bench ordered.

Ficus Pax Private Limited and Ludhiana Hand Tools Association have also filed similar petitions, but the court did not grant any interim relief.

The March 29 order said that employers must pay wages in full to all their employees even if their establishments are closed due to lockdown. “All the employers..., shall make payment of wages of their workers, at their workplaces on the due date, without any deduction for the period their establishments are under closure during the lockdown.”

The petitioners have said that the obligation to pay employees arises only when work is done. “An employer and employee have reciprocal promises whereby the right of an employee to demand salary is reciprocal to performance of work. Employer has a right to not pay if no work is done,” the Hand Tool Manufacturers Association said.