In a Petition filed by a Union of contract labour making a grievance of reduction in salary, the Bombay High court has, pending hearing and disposal of the Petition, held that the principle of ‘no work no wages’ would not apply in extraordinary circumstances like COVID 19. The Court observed that it cannot be insensitive to the plight of such workers, which has unfortunately befallen them on account of the Covid19 pandemic.
In para 5 of the order, the Hon’ble High Court issued the following directions:
” In the meanwhile, the District Collector, Osmanabad, in his capacity as President of Respondent No.2 Trust/ Principal Employer, shall ensure that full wages, save and except food allowance and conveyance allowance (only with regard to the employees who are not required to report for duties), shall be isbursed by the contractors to the concerned employees for the months of March, April and May, 2020. The principle of “no work no wages” shall not be invoked until further orders in this petition. Needless to state, such payment of wages would be subject to the result of this petition or the proceedings before the Assistant Commissioner of Labour, Latur, which would progress only if the lockdown is completely lifted and free movement of citizens would be permitted.”
