'State Depriving Oppressed Classes Of Welfare' : Plea In SC Challenges Dilution Of Labour Laws By Gujarat, UP & MP [Read Petition]

A petition has been filed before the Supreme Court to seek for directions to quash notifications issued by States of Uttar Pradesh, Gujarat and Madhya Pradesh to relax provisions of labour laws to the detriment of the poor workmen on the premise of facilitating economic activities in various parts of the country. Filed by Advocate-on-Record Nirmal Kumar Ambastha on behalf of Pankaj Kumar Yadav, the plea submits that several Indian States "have granted exemptions to the industrial units from various provisions of the labour laws, such as Section 5 of the Factories Act, Section 36-B of the Industrial Disputes Act". The plea goes on to aver that the exemptions from the provisions of the pre-Constitution statutes have been granted by way of Executive orders in order to provide a boost to economic activities which have suffered due to the COVID-19 pandemic. However, the exemptions are slated to cause immense grievance to the workers. Section 5 of the Factories Act, 1948 refers to the power of the State Government to exempt any factor or class or description of factories from all or any provisions of the Act in cases of public emergency. The plea states that the State Governments have exercised their powers by equating the pandemic situation to that of a public emergency. It has also been submitted that the statutes constituting "Labour Laws" are benevolent legislations which are intended to protect the "Oppressed Class" by the "Oppressor Class". "However, in the present circumstances, the State is depriving the "Oppressed Class" from the welfare measures, which are already available to them for facilitating the "Oppressor Class", that too when the former is worst affected by the global Pandemic "COVID-19" having lost their livelihood and are compelled to lead their lives at the mercy of none but the Almighty God". The petition contends that a Welfare State cannot be expected to "force its least fortunate and most oppressed citizens into further miseries on the pretext of facilitating economic activities/development by taking away their existing rights to their detriment and for the advantage of more fortunate citizens". Exemption of industrial units from provisions of labour statutes, the plea states, includes increase in daily and weekly working hours, deprivation of right of workmen to approach Courts of law, routine inspection of industrial units by the Factories Inspectors, provisions regarding various basic human facilities to the workmen at the workplace etc. It has also been averred that the exemption of statutory liabilities will further the miseries and exploitation of the workers, who are already being forced to lead a life of trials and tribulations due to the imposition of the national lockdown. While the employers are making all attempts to avoid their liabilities, it is workmen/labourers who need to be cared for at the present, so that they can live with dignity without having to beg for food and shelter. The plea concludes with the statement that "the laws sought to be suspended by the Respondent States were enacted after Independence, but before the enactment of the Constitution of India, which shows the importance given by our founding fathers to these legislations. The Constitution also enshrines various provisions under the Part IV (Directive Principles of State Policy) which has been held to be a guiding factor for governance on numerous occasions". Therefore, it is prayed that appropriate directions must be issued to quash the notifications granting exemptions to the factories registered under Factories Act, 1947 and to refrain the Respondents from abrogating the statutory provisions under various statutes enacted for welfare of the workmen in view of the prevailing pandemic. Click here to download petitionRead Petition

'State Depriving Oppressed Classes Of Welfare' : Plea In SC Challenges Dilution Of Labour Laws By Gujarat, UP & MP [Read Petition]

Radhika Roy

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