ALIGN COMPONENTS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter is heard through video conferencing. The learned Advocate for the petitioners/Industries has no objection if this Court takes up all these matters for adjudication. The learned Government Pleader submits that this Court may consider these matters.

(2.) In all these identical petitions, the petitioners have challenged the notification issued by the Government of India, Ministry of Home Affairs dated 29/03/2020 vide which powers conferred u/s. 10(2)(1) of the Disaster Management Act, 2005 have been invoked to ensure that the workers, including the migrants, would be paid their monthly wages by the employers taking into account the peculiar situation on account of Covid-19. It is contended that though the Managements are willing to offer work to the workers and though the workers would be willing to perform the work, restrictions have been imposed on the continuance of the manufacturing activities so as to restrict the spread of Covid-19 and as a consequence of which, the Managements have been mandated to reduce/shut down their manufacturing activities. In this backdrop, though these petitioners pray for exemption from paying monthly wages for the period of restriction of manufacturing activities, the learned Advocate for the petitioners submits on instructions that these petitioners are willing to pay 50% of the gross wages or the minimum rates of wages prescribed under the Minimum Wages Act, whichever is higher.

(3.) The learned counsel on the panel of the Union of India appears on behalf of respondent Nos. 1 and 2, and the learned Government Pleader appears on behalf of respondent Nos. 3, 4 and 5. Both seek time to take instructions.