SC paves way for negotiated settlement
Court paves way for employees-employers settlement
Striking a balance between the “competing interest” of the industry and workers, the Supreme Court on Friday paved the way for negotiated settlement of the dispute over the payment of wages to workers for the 50-day lockdown period.
The court said, “For smooth running of industries with the participation of the workforce, it is essential that a via media be found out… disputes between the employers and employees may be sorted out.”
Striking a balance between the “competing interest” of the industry and the workers, the Supreme Court on Friday paved the way for the negotiated settlement of the dispute over the payment of wages to the workers for the 50 days lockdown period during which the March 29 order making it mandatory to pay wages to the workers was in force.
The March 29 order mandating the payment of wages for the lockdown period issued by the Union home ministry was withdrawn on May 18, 2020.
Besides opening gates for the negotiated settlement of the issue of the wages for 50 days of lockdown period by its interim order, a bench comprising Justice Ashok Bhushan, Justice Sanjay Kishan Kaul and Justice M.R.Shah also extended till next date of hearing in July end its earlier order protecting the industry from any coercive action for not conforming to compulsory payment of wages for lockdown period.
Pointing out that the lockdown had impacted both the industry and the workers in the same measure and had “serious consequences” for them, the court in its order pronounced by Justice Bhushan said, “For smooth running of industries with the participation of the workforce, it is essential that a via media be found out… The State is also under obligation to ensure that there is smooth running of industrial establishments and the disputes between the employers and employees may be conciliated and sorted out.”
“It cannot be disputed that both Industry and Labourers need each other. No Industry or establishment can survive without employees/labourers and vice versa”, the court said underlining that industry and workers cannot be viewed separately.
In case attempts for negotiated settlement of the dispute do not succeed, the court said that the concerned labour department would step in to conciliate the matter.
The court further said that workers who are willing to work would be allowed to work notwithstanding the resolution of disputes regarding payment of wages for 50 days.
On the issue of industry and their associations challenging the validity of the provision of Disaster Management Act that was relied upon for issuing March 29 order, the court said, “We are of the view that all issues raised by the petitioners and the respondents have to be decided together and the piecemeal consideration is not warranted.”
Having said this, the court gave Centre four weeks’ time to file a detailed response, giving a week’s time to petitioner industry file rejoinder as it directed further hearing in the last week of July.
IT CANNOT be disputed that both Industry and Labourers need each other. No Industry or establishment can survive without employees/labourers and vice versa, the court said.