FICUS PAX PRIVATE LTD. & ORS. versus UNION OF INDIA & ORS.

FICUS PAX PRIVATE LTD. & ORS. versus UNION OF INDIA & ORS.

The Court recorded that the Order dated 29.03.2020 issued under Section 10(2)(l) had been withdrawn w.e.f. 18.05.2020 and thus operated for 50 days; while reserving determination of all challenged issues for final hearing, the Court issued interim measures directing facilitation of negotiation and conciliation...

Source-derived case information.

Parties
Petitioner: FICUS PAX PRIVATE LTD. & ORS.; Respondent: UNION OF INDIA & ORS.
Jurisdiction
India
Judgment Date
12 June 2020
Procedural Posture
Writ Petition (civil) / Interim Measures Issued; Matter Adjourned for Final Hearing (listed Last Week of July 2020)
Outcome
Interim directions issued; matter adjourned for further hearing after filing of detailed counter-affidavit; no coercive action to be taken pursuant to notification dated 29.03.2020; impugned executive direction recorded as withdrawn w.e.f. 18.05.2020
Legal Topics
Payment of Wages During Lockdown, Vires of Executive Directions Under Disaster Management Act, 2005, Interim Relief and Conciliation, Withdrawal of Executive Orders
Disaster Management Constitutional Law Labour Law Administrative Law Industrial Relations Payment of Wages During Lockdown Vires of Executive Directions Under Disaster Management Act, 2005 Interim Relief and Conciliation +1 more

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Parties

FICUS PAX PRIVATE LTD. & ORS.

Petitioner

UNION OF INDIA & ORS.

Respondent

Procedural Posture

Writ Petition (civil) / Interim Measures Issued; Matter Adjourned for Final Hearing (listed Last Week of July 2020)

Legal Issues

  1. 1 Whether Order dated 29.03.2020 issued under Section 10(2)(l) of the Disaster Management Act, 2005 could lawfully direct private employers to pay full wages during the lockdown period
  2. 2 Whether Section 10(2)(l) of the Disaster Management Act, 2005 is ultra vires Articles 14 and 19(1)(g) of the Constitution if interpreted to confer power to direct private employers to pay wages
  3. 3 Whether the D.O. dated 20.03.2020 and consequential state orders violated Articles 14 and 19(1)(g) and other statutory schemes

Ratio Decidendi

The Court recorded that the Order dated 29.03.2020 issued under Section 10(2)(l) had been withdrawn w.e.f. 18.05.2020 and thus operated for 50 days; while reserving determination of all challenged issues for final hearing, the Court issued interim measures directing facilitation of negotiation and conciliation between employers and employees (including steps for settlement, permitting willing workers to return to work, publicity of such steps and State facilitation), stayed coercive action pursuant to the 29.03.2020 notification, and directed the Union to file a detailed counter-affidavit and listed the matters for further hearing.

Court Disposition

Interim directions issued; matter adjourned for further hearing after filing of detailed counter-affidavit; no coercive action to be taken pursuant to notification dated 29.03.2020; impugned executive direction recorded as withdrawn w.e.f. 18.05.2020

Orders

  • Union of India to file a detailed counter-affidavit within four weeks; rejoinder to be filed within one week; matter listed in last week of July 2020
  • No coercive action against employers shall be taken pursuant to notification dated 29.03.2020 (order of 04.06.2020 to continue)