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No action for not paying full salary

The Supreme Court on Friday asked states to facilitate settlement between private companies and their employees over wage payment. It also asked for a report to be submitted before labour commissioners.
The court said that no coercive action should be taken against private firms which have failed to pay full wages during the lockdown period.

“We directed no coercive action to be taken against employers. Our earlier orders will continue,” the bench said.

It also asked the Centre to file affidavit within four weeks on legality of March 29 circular that mandated payment of full wages during lockdown.

The court was hearing a bunch of petitions filed by several companies, challenging the Ministry of Home Affairs order to pay full salaries to employees during the 54 days of lockdown.

“Industries and labourers need each other and efforts should be made to resolve dispute over wage payments,” the bench said.

The court had on June 4 observed that some negotiations have to happen between employers and workers to iron out what has to be done for the salary for these 54 days.

Reading the order Justice Bhushan said: “No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out.”

“We directed no coercive action to be taken against employers. Our earlier orders will continue. A detailed affidavit has to be filed by Centre in last week of July. Negotiation between employees and employers to be facilitated by state government labour departments’,” it directed.

The SC also directed employers to set a date for settlement which may be effected by the MHA; asked for the settlement to be published for benefit of all employees; has asked state governments and labour commissioners to facilitate the exercise; and stated that workers willing to continue work should be allowed to do so regardless of progress on the settlement.

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