Lockdown Vs. Wages
Much has been debated and anticipated on MHA order dated 29th March,2020 issued under Section 10(2) (i), and even some of the petitioners have ultimately challenged the direction in the Supreme Court of India as well.
Though, the constitutionality of such an order under Article 14 and 19 has been challenged as the stratum but while debating over this heated aspect, unfortunately, hardly very few could even bothered as to:
a. What was the period for which the said order was valid actually?
b. Why such an order was issued?
c. What was decided during the meetings before issuance of this order?
d.What was explained in Status report,executed by Chairman of National Executive Committee, on 31st March,2020 in Supreme Court?
e.What was the order and how it was different whereby Lockdown 2.0 was extended?
f.What was actually the wording of the order dated 19th April,2020 of MHA?
g. Why skill mapping was proposed in subsequent order?
h.Whether unjust enrichment can be a case in entire gamut of orders?
i.Whether lockdown of India or Lockdown of establishment was to be seen and upto which period?
j. Whether deduction was restricted only during lockout of establishment and not during lockdown of India?
Having said that there are many such “whether, what, when, why,etc.,”rather than only striving on the constitutionality of the entire orders of MHA which were issued under The Disaster Management Act,2005.
The issue is not as complex as it looks in as much as there is a paradigm shift of focus of the entire issue by various bodies rather than keeping the things simple.We wish that these aspects be put before the Supreme Court of India rather than only relying upon the arbitrariness and no authority of law of the National Executive Committee vis-a-vis, the Central Government of India.
We wish that the hardship of businesses be contained and curtailed as early as possible.
Anandaday Misshra,Founder & Managing Partner, AMLEGALS