GUJARAT MAZDOOR SABHA & ANR. versus THE STATE OF GUJARAT

GUJARAT MAZDOOR SABHA & ANR. versus THE STATE OF GUJARAT

The notifications dated 17.04.2020 and 20.07.2020 were quashed because Section 5 authorises exemptions only in a ‘‘public emergency’’ defined as a grave emergency threatening the security of India or part thereof by war, external aggression or internal disturbance of similar gravity; the economic slowdown caused by...

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Parties
Petitioner: Gujarat Mazdoor Sabha & Anr.; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
01 October 2020
Procedural Posture
Writ Petition (civil) No. 708 of 2020 / Final Judgment Delivered (01 October 2020)
Outcome
Writ petition allowed; notifications quashed
Legal Topics
Factories Act, 1948, Section 5 (public Emergency), Overtime Wages (section 59), Exemptions Under Sections 51, 54, 55, 56, COVID 19 Pandemic
Labour Law Constitutional Law Administrative Law Factories Act, 1948 Section 5 (public Emergency) Overtime Wages (section 59) Exemptions Under Sections 51,54,55,56 COVID 19 Pandemic

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Parties

Gujarat Mazdoor Sabha & Anr.

Petitioner

State of Gujarat

Respondent

Procedural Posture

Writ Petition (civil) No. 708 of 2020 / Final Judgment Delivered (01 October 2020)

Legal Issues

  1. 1 Whether the State notifications dated 17.04.2020 and 20.07.2020 issued under Section 5 of the Factories Act are intra vires or ultra vires the Act
  2. 2 Whether the COVID-19 pandemic and consequent lockdown constitute a "public emergency" or an "internal disturbance" within the meaning of Section 5 of the Factories Act
  3. 3 Whether a blanket exemption of all factories from Sections 51, 54, 55 and 56 and the effective override of Section 59 is permissible

Ratio Decidendi

The notifications dated 17.04.2020 and 20.07.2020 were quashed because Section 5 authorises exemptions only in a ‘‘public emergency’’ defined as a grave emergency threatening the security of India or part thereof by war, external aggression or internal disturbance of similar gravity; the economic slowdown caused by the COVID-19 pandemic did not meet that threshold, and the blanket exemptions (including effective override of Section 59) were impermissible; eligible workers are entitled to overtime wages under Section 59 for the period since issuance of the notifications.

Court Disposition

Writ petition allowed; notifications quashed

Orders

  • Notification No. GHR/2020/56/FAC/142020/346/M3 dated 17 April 2020 quashed
  • Notification No. GHR/2020/92/FAC/142020/346/M3 dated 20 July 2020 quashed