Treat all on Covid duty equally, says HC

Court tells Navi Mumbai civic body to give daily allowance to contract workers as well

The Bombay high court on Wednesday said that all those on Covid-19 related duties, irrespective of whether they are directly employed or contractual labourers, have to be treated equally and directed the Navi Mumbai civic body to extend daily allowance benefits to contract workers also.

Justice S.J. Kathawalla gave the order while hearing a petition filed by Samaj Samata Kamgaar Sena, a union of 6,277 contract workers employed with the Navi Mumbai Municipal Corporation (NMMC), seeking direction to the civic body to arrange for hand gloves, sanitisers and personal protective equipment (PPE) kits for all its members.

The petition also sought NMMC to include contract workers in the scheme announced by the civic body chief, by which a daily allowance of `300 is given to all civic body workers. According to the petition, out of 6,277 workers, 3,261 are involved in day-to-day cleaning of roads and transportation of garbage, 693 are working in the health department, which includes duties at the four corporation hospitals and 23 urban health posts across Navi Mumbai.

Nearly 65 workers are on cemetery cleaning duty.

NMMC advocate Sandeep Marne told the court that since the petitioner unions members are contract labourers employed by contractors, they are not entitled to claim parity and seek daily allowance which the corporation has agreed to pay its officers and workers. However, Justice Kathawalla said, “In my view, the stand of the corporation is unfair, especially under the present circumstances. Some of the contract workers are admittedly carrying out

Covid-19 related duties, assigned by the corporation through contractors.”

Just as the civic body workers are facing difficulties in travelling from their residence to the workplace and in procuring meals, it cannot be disputed that the contract workers too are facing the same problems, the court said. In my view, the risk taken by contract workers in carrying out Covid-19 related duties for the corporation cannot be differentiated or distinguished on their employment being through contractors, the judge said.

◗ JUST AS THE civic body workers are facing difficulties in travelling from their residence to the workplace and in procuring meals, it cannot be disputed that the contract workers too are facing the same problems, the judge said.