SHORT NOTE ON THE MINISTRY OF HOME AFFAIR
The Secretary, Ministry of Home Affairs (MHA), Government of India in his capacity as Chairperson, National Executive Committee, and under directions from National Disaster Management Authority (NDMA) has extended lockdown measures till 31.05.2020 vide Order No. 40-3/2020-DM-I(A) dated 17.05.2020. Significantly, through this order, the Government has rescinded prospectively the effect of its previous orders dated 24.03.2020, 29.03.2020, 14.04.2020, 15.04.2020 and 01.05.2020.
Consequently, the order dated 29.03.2020 which mandated in paragraph (iii) that “all employers be it in the Industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their workplaces, on the due date, without any deduction, for the period their establishments are under closure during the lockdown” As per MHA’s Circular dated 17.05.2020 explicitly stated in the third paragraph that ( very important) “ whereas save as otherwise provided in the guidelines annexed to this order. All orders issued by NEC under Section 10(2)(i) of the Disaster Management Act,2005, shall cease to have effect from 18.05.2020”. Thereby, all circular of the MHA issued prior to 17.05.2020 under the provisions of the Disaster Management Act, 2005 shall be ceased. Hence, it is explicitly implied from the interpretation of the aforesaid circular that the labour laws governing the master and servant relationship or employer-workman relationship as it existed prior to 29.03.2020 would continue to apply. The employers are no longer obliged to pay wages to their employees if they do not present or report for their duties for work after having been called for work. The employers are hereby advised to deal with their employees/workmen as per the terms of employment or contract of employment or as per terms and conditions of the appointment letter or alternately, the condition of their services will be dealt under the applicable relevant State Acts / Central Acts such as Industrial Disputes Act,1947 Industrial Employment (Standing orders) Act,1946 or the certified standing orders , if applicable in any establishment.
The above opinion is based on the latest MHA order dated 17.05.2020.
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S K Gupta , Advocate , Supreme Court
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