7 May 2020
Introduction
On April 30, 2020, the order issued by the Ministry of Home Affairs (“MHA”) dated April 29, 2020, on payment of wages to the workers was challenged before the Aurangabad Bench of the Bombay High Court (“Court”). The Court refused to interfere in the matter citing that a similar case is pending before the Supreme Court. It further directed that the gross monthly wages to the employees who are not required to report for duties due to the lockdown, to be paid, subject to the result of this petition, save and except the conveyance and food allowance. Further, the Court also clarified that in industrial areas where the Maharashtra Government has partially lifted the lockdown, the workers would be expected to report for duties as per the shift schedules, subject to adequate protection, from COVID-19, by the employer. In the event such workers voluntarily remain absent, the employer would be at liberty to deduct their wages for their absence, subject to the procedure laid down in law while initiating such action. The matter is listed next for hearing on May 18, 2020 or on the day the Court holds hearing thereafter.
We are tracking this matter closely and will keep you updated.
For further information, please contact:
Zia Mody, Partner, AZB & Partners
zia.mody@azbpartners.com
