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IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL WRIT JURISDICTION
I.A. NO. ______________ OF 2020
IN
WRIT PETITION (CIVIL) NO. 471 OF 2020
IN THE MATTER OF:
Nagreeka Exports Limited …PETITIONER
VERSUS
Union of India &Ors. …RESPONDENTS
AND IN THE MATTER OF:
1. Trade Union Joint Action Committee, Maharashtra
Through its Co-Convener
Address: 44, Cawasji Patel Street, DadySheth Building,
1st Floor, Nanabhai Lane, Opp. Akbar Ally Store,
Hutatma Chowk, Fort,
Mumbai – 400001 …APPLICANT / INTERVENER NO. 1
2. Trade Union Centre of India
Through its Secretary
Address: 180C, J.J. Keni Lane, Dharavi Road,
Mumbai – 400017 …APPLICANT / INTERVENER NO. 2
3. Hind Mazdoor Sabha
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Through its General Secretary
Address: 120 Babar Road,
New Delhi …APPLICANT / INTERVENER NO. 3
APPLICATION FOR INTERVENTION
TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS LORDSHIP’S COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION
OF THE ABOVE NAMED
APPLICANTS /INTERVENERS
MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition (Civil) No. 471 of 2020 has been filed and
is pending admission before this Hon’ble Court.
2. That the said Writ Petition (Civil) No. 471 of 2020 has been filed for
setting aside or quashing of Government Order dated 29.03.2020, to
the limited extent of Clause (iii), issued by the Ministry of Home Affairs,
Government of India and subsequent Order of Government of
Maharashtra dated 31.03.2020, only to the extent of payment of full
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salary to employees and workmen who are unable to work in
industries/establishments inoperative due to the ongoing COVID-19
lockdown.
3. That the Applicants/ Intervenersrepresent some of the largest Trade
Unions in Maharashtra and the Maharashtra Chapters of some of the
largest Trade Unions in India (HMS, AITUC, CITU, INTUC, etc.).
4. That the Applicants / Intervenersare fundamentally interested in the
present Writ Petition as the issue of payment of wages during the
present nationwide lockdown and resultant closure of workplaces is an
issue that directly affects the sustenance and livelihood of its members.
5. That in the interests of brevity and promptness the Applicants /
Interveners are putting here not only their grounds for intervention but
also some of their main responses to the arguments in the petition. The
Applicants / Interveners crave leave to apply to this Hon’ble Court to file
a complete reply in this matter if and when the stage for such a reply
may arise.
6. That the impugned order is passed under the Disaster Management
Act, 2005, which provides for the passing of orders in an emergent
situation to deal with a disaster. Such a disaster clearly exists and the
power to issue such an order also clearly exists under the said Act.
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Though the law does not require the authority making such an order to
state reasons for passing such an order, this Hon’ble Court can take
judicial notice of the fact that one of the worst pandemics in the history
of humankind (the COVID-19 pandemic) is presently afoot. In such a
situation the Government has deemed it necessary to have a lockdown.
Most workers cannot survive such a lockdown without wages. As such
it is clearly in the nature of a measure to make the lockdown effective.
7. That theApplicants / Interveners also submit that the order is in the
nature of guidelines to certain authorities at district levels to make sure
that wages are paid. It is submitted that the order merely recognizes the
right of the workers to get their wages in a situation like the present
lockdown and makes the authorities responsible to see that such
wages are paid.
8. That theApplicants / Interveners submit that the workers’ wages are
paid under a contract. The contract is that the worker will get his wages
as long as he is employed and is ready to work. It cannot be read into
the contract that he will not be entitled to wages if the employer is
unable to provide him with work. The establishments which are shut are
so shut because they are prohibited from working during the lockdown.
In those establishments where they are permitted to work, the workers
are attending work as per the permissions given. The workers, even
though not given work are expected to abide with all other terms of the
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contract such as not taking employment elsewhere, not disclosing trade
secrets to rivals, etc. In such a situation it is clear that the contract of
service is valid and subsisting during the lockdown and workers are
entitled to wages under such a contract.
9. That even if such a contract were not to subsist, it is submitted that
under labour law and especially under such an emergent situation
under the Disaster Management Act, 2005, the Government has the
right to create a contract or to create such conditions in an existing
contract of service as may be required in the situation.
10. That in any case, under the Industrial Disputes Act, 1947 there can
be no reduction in wages without following proper procedure of law.
11. That in fact during the period of the lockdown, workers are in want of
increased wages and compensation in light of the hike in prices of food
and essentials. Additionally, the present situation also fastens
increased expenses on workers for extra sanitation necessities and
hygiene products such as soaps, masks, gloves etc. for adequate
personal protection.
12. That despite the closure of most functions, all expenses of the
workers remain fixed and unchanged, which include school fees, rent,
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loan repayments, electricity, food, etc. In fact, some of these costs have
also increased as the cost of the basic essentials have also increased.
13. That most of the workers of the unions represented by the
Applicants / Interveners are poor with negligible to no savings.
Additionally, many of them are indebted to money lenders.
14. That the claim made by the Petitioners, 50% of Basic + D.A. without
other allowances and payments would amount to an even lesser
percentage of gross wages. In many cases wages are structured in a
deceptive manner wherein Basic + D.A. account for even less than 50%
of Gross Wages. Thus, 50% of the same would amount to even less
than 25% of Gross wages in such cases.
15. That in any circumstances whatsoever there can be no change of
service conditions of the workers without following proper procedure
under the law and that an arbitrary pay cut would be illegal.
16. That the workers are ready to work but are not allowed to. Thus,
they cannot be punished for the same.
17. That the impugned Notifications in some manner will result in
workers that are able to work, not coming to work. However, this is
wholly misconceived, as workers have to report to their work in
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essential services that are allowed to operate, and if they do not, action
can be taken against them by their employers as per the normal
procedure under industrial law.
18. That the Notifications are well within the powers of the respective
authorities under the legislations that they have been invoked.
19. That P.F. and ESIC are an integral part of the workers livelihood,
and there is good reason why throughout history, the Legislature of this
country has strongly protected the same. Similarly, other countries are
strengthening their social security nets at this time of crisis and under
no circumstances should it be allowed to be weakened.
20. That the Petitioner has wholly missed the point that all Class 4 State
Government and Central Government employees have been exempted
from any reduction in wages. Thus, the there is no larger burden being
put on private employers than the state is taking on to itself.
21. That the Petition should not be heard without considering the most
affected stakeholder for whom the impugned Government Order and
Resolution was passed, which are the workmen of the country and the
State of Maharashtra.
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22. That the argument of the Petitioner that there is no intelligible
differentia in classifying workers into a class / group is absurd. Infact,
this is exactly what the Legislature of our country, and all countries in
the world have done throughout history by enacting legislation to afford
protections to workers (such as the Industrial Disputes Act, 1947 itself)
which are not available to other citizens / employees of the country.
23. That similarly, there is a clear relation between the impugned
notification and the object sought to be achieved.
24. That for a company to stop payment of wages, the same cannot be
in anticipation of losses. Under the ratio laid down in Supdt. of Taxes v.
OnkarmalNathmal Trust[(1976) 1 SCC 766], the Petitionerhas an onus
to prove his inability to pay wages in any trial and the, the workers will
also be free to file a Company Petition under the IBC for Resolution, if
they so choose. However, the ratio in the said judgement does not
allow for a company to apprehend losses or a reduction in profits, and
thus seek a court’s order releasing him from his obligation under the
law. In any case, those precedents operate under normal and ordinary
circumstances. The present situation is an extra-ordinary one wherein
collective action and support is warranted and the companies are
expected to step up and provide support.
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25. That the impugned notifications in practice do not afford any greater
protection to the workers than they already receive under the law.
However, the State and Central Governments in their executive
discretion have chosen to provide a stronger and more efficient
redressal mechanism for violations of these workers’ rights. Thus, there
is no new, arbitrary, or impractical obligation being cast upon the
employer as a result of the impugned notifications.
26. That the Order of the Ministry of Home Affairs, Government of India
dated 29.03.2020 and the Maharashtra State Government Resolution
dated 31.03.2020 directing employers to refrain from deducting wages
during the lockdown period are appropriate measures meant to
safeguard the basic rights and sustenance of poor and neglected
workers in the face of severe and apparent social and economic
hardships caused by the COVID-19 lockdown.
27. That the principles of natural justice require that the Applicant to be
made a party to the Petition.
28. That the Applicant may be permitted to intervene in the above Civil
Writ Petition and address and assist the Hon'ble Court on the legal
issues arising in the said Petition.
PRAYER
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In the facts and circumstances, it is most respectfully prayed that this
Hon’ble Court may be pleased to:
A. Allow the present Application and permit the Applicants / Interveners to
intervene in Nagreeka Exports Limited v. Union of India &Ors. [Writ
Petition (Civil) No. 471 of 2020];
B. Pass such other order(s) as this Hon’ble Court may deem fit and proper
in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANTS /
INTERVENERS AS IN DUTY BOUND SHALL EVER PRAY.
Filed by:
APARNA BHAT
Advocate for the Applicants/Interveners
Place: New Delhi
Filed on: 21.04.2020
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NO OF 2020
IN
WRIT PETITION (CIVIL) NO. 471 OF 2020
IN THE MATTER OF:
NAGREEKA EXPORTS LTD …Petitioner
Versus
UNION OF INDIA …Respondent
IN THE MATTER OF :
TRADE UNION JOINT ACTION COMMITTEE & ORS
....Applicants
AFFIDAVIT
I Dhirubhai C. Patel , aged about years, Office at 201-202
, 2nd floor , Gog building , Near Collecterate , Silvassa , 396230 ,
U.T. of Darda & Nagar Haveli , do hereby solemnly state and
affirm as under:
1. That I am the Co- Convenor Applicant no. 2 in the above-
mentioned matter and in such capacity I am well conversant with
the facts and circumstances of the case and am competent to
swear this affidavit.
2. I have read and understood the contents of the accompanying
I.A’S and I say that the contents thereof are true and correct to
the best of my knowledge and belief and nothing material has
been concealed.
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IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL WRIT JURISDICTION
I.A. NO. ______________ OF 2020
IN
I.A. NO. ______________ OF 2020
IN
WRIT PETITION (CIVIL) NO. 471 OF 2020
IN THE MATTER OF: Nagreeka Exports Limited …PETITIONER
VERSUS
Union of India &Ors. …RESPONDENTS
AND IN THE MATTER OF:
Trade Union Joint Action Committee, Maharashtra &Ors.
…APPLICANTS / INTERVENERS
APPLICATION SEEKING LISTING DUE TO EXTREME URGENCY AND
EXEMPTION FROM FILING DULY AFFIRMED AFFIDAVIT AND
STAMPED VAKALATNAMA
TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS LORDSHIP’S COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION
OF THE ABOVE NAMED
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APPLICANTS / INTERVENERS
MOST RESPECTFULLY SHOWETH:
1. That the present Application is being filed on behalf of the Applicants /
Interveners i.e. Trade Union Joint Action Committee, Maharashtra
&Ors. praying for urgent hearing of the accompanying Intervention
Application in Nagreeka Exports Limited v. Union of India &Ors. [Writ
Petition (Civil) No. 471 of 2020].
SYNOPSIS OF EXTREME URGENCY
2. That the Applicants / Interveners represent some of the largest Trade
Unions in Maharashtra and the Maharashtra Chapters of some of the
largest Trade Unions in India (AITUC, CITU, INTUC, etc.).
3. That the Applicants / Interveners are fundamentally interested in the
present Writ Petition as the issue of payment of wages during the
present nationwide lockdown and resultant closure of workplaces is one
directly affecting the sustenance and livelihood of its members.
4. That despite the closure of most functions, all expenses of the workers
remain fixed and unchanged, which include school fees, rent, loan
repayments, electricity, food, etc. In fact, some of these costs have also
increased.
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5. That most of the workers of the unions represented by the Applicants /
Interveners are poor with negligible to no savings. Additionally, many of
them are indebted to money lenders.
6. That the accompanying Intervention Application has been filed praying
that the Applicants / Interveners herein be allowed to intervene in
Nagreeka Exports Limited v. Union of India &Ors. [Writ Petition (Civil)
No. 471 of 2020] and address this Hon’ble Court on the issues
involved.
7. That the urgency in the matter is that the Petition should not be heard
without considering the most affected stakeholder for whom the
impugned Government Orders dated 29.03.2020 and 31.03.2020 were
passed i.e. the workmen of the country and the State of Maharashtra.
8. That if the accompanying Intervention Application is not heard urgently,
it will become infructuous.
9. That the Advocate-on-Record’s contact details are given hereunder:
- Mobile no.: (+91)9811113979
- Email address: aparna.bhat@gmail.com
- Office address: A-11, Lower Ground Floor, Neeti Bagh, A Block,
New Delhi – 110049
- Residential address: W-141, 2nd Floor, Greater Kailash – I, New
Delhi – 110048
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10. That it is prayed that in the prevailing circumstances, exemption from
filing duly affirmed affidavit be granted for the time being.
11. That it is prayed that in the prevailing circumstances, exemption from
filing duly stamped vakalatnama be granted for the time being.
12. That it is undertaken that the deficit court fees will be paid subsequently
once prevailing circumstances are clear.
13. That consent is given for the matter to be taken up through video-
conferencing mode. The Advocate-on-Record will connect through her
own desktop/mobile for the hearing.
PRAYER
In the facts and circumstances, it is most respectfully prayed that this
Hon’ble Court may be pleased to:
A. Grant urgent listing of the accompanying Intervention Application
seeking permission to intervene in Nagreeka Exports Limited v. Union
of India &Ors. [Writ Petition (Civil) No. 471 of 2020];
B. Grant exemption from filing duly affirmed affidavit in the prevailing
circumstances;
C. Grant exemption from filing duly stamped vakalatnama in the prevailing
circumstances;
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D. Pass such other order(s) as this Hon’ble Court may deem fit and proper
in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANTS /
INTERVENERS AS IN DUTY BOUND SHALL EVER PRAY.
Filed by:
APARNA BHAT
Advocate for the Applicants/Interveners
Place: New Delhi
Filed on: 21.04.2020
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IN THE SUPREME COURT OF INDIA
ORIGINAL CIVIL WRIT JURISDICTION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
WRIT PETITION (CIVIL) NO. 471 OF 2020
MEMO OF PARTIES
BETWEEN POSITION OF
THE PARTIES
1. Nagreeka Exports Limited
Through its President (Operations)
Mr. Ramachandran Empran,
Kala Bhavan, 3, Mathew Road,
Opera House,
Mumbai – 400004
Petitioner
VERSUS
1. Union of India
Cabinet Secretariat, Rashtrapati Bhawan
New Delhi – 110004
Respondent No.
1
2. Ministry of Home Affairs
Through Home Secretary
North Block
New Delhi – 110001
Respondent No.
2
3. Government of Maharashtra
Mantralaya, Madam Cama Road,
HutatmaRajguru Square,
Nariman Point, Mumbai – 400032
Respondent No.
3
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