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IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL WRIT JURISDICTION

I.A. NO. ______________ OF 2020

IN

WRIT PETITION (CIVIL) NO. 471 OF 2020

IN THE MATTER OF:

Nagreeka Exports Limited …PETITIONER

VERSUS

Union of India &Ors. …RESPONDENTS

AND IN THE MATTER OF:

1. Trade Union Joint Action Committee, Maharashtra

Through its Co-Convener

Address: 44, Cawasji Patel Street, DadySheth Building,

1st Floor, Nanabhai Lane, Opp. Akbar Ally Store,

Hutatma Chowk, Fort,

Mumbai – 400001 …APPLICANT / INTERVENER NO. 1

2. Trade Union Centre of India

Through its Secretary

Address: 180C, J.J. Keni Lane, Dharavi Road,

Mumbai – 400017 …APPLICANT / INTERVENER NO. 2

3. Hind Mazdoor Sabha

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Through its General Secretary

Address: 120 Babar Road,

New Delhi …APPLICANT / INTERVENER NO. 3

APPLICATION FOR INTERVENTION

TO

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS LORDSHIP’S COMPANION JUSTICES OF THE

HON’BLE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION

OF THE ABOVE NAMED

APPLICANTS /INTERVENERS

MOST RESPECTFULLY SHOWETH:

1. That the present Writ Petition (Civil) No. 471 of 2020 has been filed and

is pending admission before this Hon’ble Court.

2. That the said Writ Petition (Civil) No. 471 of 2020 has been filed for

setting aside or quashing of Government Order dated 29.03.2020, to

the limited extent of Clause (iii), issued by the Ministry of Home Affairs,

Government of India and subsequent Order of Government of

Maharashtra dated 31.03.2020, only to the extent of payment of full

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salary to employees and workmen who are unable to work in

industries/establishments inoperative due to the ongoing COVID-19

lockdown.

3. That the Applicants/ Intervenersrepresent some of the largest Trade

Unions in Maharashtra and the Maharashtra Chapters of some of the

largest Trade Unions in India (HMS, AITUC, CITU, INTUC, etc.).

4. That the Applicants / Intervenersare fundamentally interested in the

present Writ Petition as the issue of payment of wages during the

present nationwide lockdown and resultant closure of workplaces is an

issue that directly affects the sustenance and livelihood of its members.

5. That in the interests of brevity and promptness the Applicants /

Interveners are putting here not only their grounds for intervention but

also some of their main responses to the arguments in the petition. The

Applicants / Interveners crave leave to apply to this Hon’ble Court to file

a complete reply in this matter if and when the stage for such a reply

may arise.

6. That the impugned order is passed under the Disaster Management

Act, 2005, which provides for the passing of orders in an emergent

situation to deal with a disaster. Such a disaster clearly exists and the

power to issue such an order also clearly exists under the said Act.

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Though the law does not require the authority making such an order to

state reasons for passing such an order, this Hon’ble Court can take

judicial notice of the fact that one of the worst pandemics in the history

of humankind (the COVID-19 pandemic) is presently afoot. In such a

situation the Government has deemed it necessary to have a lockdown.

Most workers cannot survive such a lockdown without wages. As such

it is clearly in the nature of a measure to make the lockdown effective.

7. That theApplicants / Interveners also submit that the order is in the

nature of guidelines to certain authorities at district levels to make sure

that wages are paid. It is submitted that the order merely recognizes the

right of the workers to get their wages in a situation like the present

lockdown and makes the authorities responsible to see that such

wages are paid.

8. That theApplicants / Interveners submit that the workers’ wages are

paid under a contract. The contract is that the worker will get his wages

as long as he is employed and is ready to work. It cannot be read into

the contract that he will not be entitled to wages if the employer is

unable to provide him with work. The establishments which are shut are

so shut because they are prohibited from working during the lockdown.

In those establishments where they are permitted to work, the workers

are attending work as per the permissions given. The workers, even

though not given work are expected to abide with all other terms of the

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contract such as not taking employment elsewhere, not disclosing trade

secrets to rivals, etc. In such a situation it is clear that the contract of

service is valid and subsisting during the lockdown and workers are

entitled to wages under such a contract.

9. That even if such a contract were not to subsist, it is submitted that

under labour law and especially under such an emergent situation

under the Disaster Management Act, 2005, the Government has the

right to create a contract or to create such conditions in an existing

contract of service as may be required in the situation.

10. That in any case, under the Industrial Disputes Act, 1947 there can

be no reduction in wages without following proper procedure of law.

11. That in fact during the period of the lockdown, workers are in want of

increased wages and compensation in light of the hike in prices of food

and essentials. Additionally, the present situation also fastens

increased expenses on workers for extra sanitation necessities and

hygiene products such as soaps, masks, gloves etc. for adequate

personal protection.

12. That despite the closure of most functions, all expenses of the

workers remain fixed and unchanged, which include school fees, rent,

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loan repayments, electricity, food, etc. In fact, some of these costs have

also increased as the cost of the basic essentials have also increased.

13. That most of the workers of the unions represented by the

Applicants / Interveners are poor with negligible to no savings.

Additionally, many of them are indebted to money lenders.

14. That the claim made by the Petitioners, 50% of Basic + D.A. without

other allowances and payments would amount to an even lesser

percentage of gross wages. In many cases wages are structured in a

deceptive manner wherein Basic + D.A. account for even less than 50%

of Gross Wages. Thus, 50% of the same would amount to even less

than 25% of Gross wages in such cases.

15. That in any circumstances whatsoever there can be no change of

service conditions of the workers without following proper procedure

under the law and that an arbitrary pay cut would be illegal.

16. That the workers are ready to work but are not allowed to. Thus,

they cannot be punished for the same.

17. That the impugned Notifications in some manner will result in

workers that are able to work, not coming to work. However, this is

wholly misconceived, as workers have to report to their work in

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essential services that are allowed to operate, and if they do not, action

can be taken against them by their employers as per the normal

procedure under industrial law.

18. That the Notifications are well within the powers of the respective

authorities under the legislations that they have been invoked.

19. That P.F. and ESIC are an integral part of the workers livelihood,

and there is good reason why throughout history, the Legislature of this

country has strongly protected the same. Similarly, other countries are

strengthening their social security nets at this time of crisis and under

no circumstances should it be allowed to be weakened.

20. That the Petitioner has wholly missed the point that all Class 4 State

Government and Central Government employees have been exempted

from any reduction in wages. Thus, the there is no larger burden being

put on private employers than the state is taking on to itself.

21. That the Petition should not be heard without considering the most

affected stakeholder for whom the impugned Government Order and

Resolution was passed, which are the workmen of the country and the

State of Maharashtra.

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22. That the argument of the Petitioner that there is no intelligible

differentia in classifying workers into a class / group is absurd. Infact,

this is exactly what the Legislature of our country, and all countries in

the world have done throughout history by enacting legislation to afford

protections to workers (such as the Industrial Disputes Act, 1947 itself)

which are not available to other citizens / employees of the country.

23. That similarly, there is a clear relation between the impugned

notification and the object sought to be achieved.

24. That for a company to stop payment of wages, the same cannot be

in anticipation of losses. Under the ratio laid down in Supdt. of Taxes v.

OnkarmalNathmal Trust[(1976) 1 SCC 766], the Petitionerhas an onus

to prove his inability to pay wages in any trial and the, the workers will

also be free to file a Company Petition under the IBC for Resolution, if

they so choose. However, the ratio in the said judgement does not

allow for a company to apprehend losses or a reduction in profits, and

thus seek a court’s order releasing him from his obligation under the

law. In any case, those precedents operate under normal and ordinary

circumstances. The present situation is an extra-ordinary one wherein

collective action and support is warranted and the companies are

expected to step up and provide support.

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25. That the impugned notifications in practice do not afford any greater

protection to the workers than they already receive under the law.

However, the State and Central Governments in their executive

discretion have chosen to provide a stronger and more efficient

redressal mechanism for violations of these workers’ rights. Thus, there

is no new, arbitrary, or impractical obligation being cast upon the

employer as a result of the impugned notifications.

26. That the Order of the Ministry of Home Affairs, Government of India

dated 29.03.2020 and the Maharashtra State Government Resolution

dated 31.03.2020 directing employers to refrain from deducting wages

during the lockdown period are appropriate measures meant to

safeguard the basic rights and sustenance of poor and neglected

workers in the face of severe and apparent social and economic

hardships caused by the COVID-19 lockdown.

27. That the principles of natural justice require that the Applicant to be

made a party to the Petition.

28. That the Applicant may be permitted to intervene in the above Civil

Writ Petition and address and assist the Hon'ble Court on the legal

issues arising in the said Petition.

PRAYER

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In the facts and circumstances, it is most respectfully prayed that this

Hon’ble Court may be pleased to:

A. Allow the present Application and permit the Applicants / Interveners to

intervene in Nagreeka Exports Limited v. Union of India &Ors. [Writ

Petition (Civil) No. 471 of 2020];

B. Pass such other order(s) as this Hon’ble Court may deem fit and proper

in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE APPLICANTS /

INTERVENERS AS IN DUTY BOUND SHALL EVER PRAY.

Filed by:

APARNA BHAT

Advocate for the Applicants/Interveners

Place: New Delhi

Filed on: 21.04.2020

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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO OF 2020

IN

WRIT PETITION (CIVIL) NO. 471 OF 2020

IN THE MATTER OF:

NAGREEKA EXPORTS LTD …Petitioner

Versus

UNION OF INDIA …Respondent

IN THE MATTER OF :

TRADE UNION JOINT ACTION COMMITTEE & ORS

....Applicants

AFFIDAVIT

I Dhirubhai C. Patel , aged about years, Office at 201-202

, 2nd floor , Gog building , Near Collecterate , Silvassa , 396230 ,

U.T. of Darda & Nagar Haveli , do hereby solemnly state and

affirm as under:

1. That I am the Co- Convenor Applicant no. 2 in the above-

mentioned matter and in such capacity I am well conversant with

the facts and circumstances of the case and am competent to

swear this affidavit.

2. I have read and understood the contents of the accompanying

I.A’S and I say that the contents thereof are true and correct to

the best of my knowledge and belief and nothing material has

been concealed.

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IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL WRIT JURISDICTION

I.A. NO. ______________ OF 2020

IN

I.A. NO. ______________ OF 2020

IN

WRIT PETITION (CIVIL) NO. 471 OF 2020

IN THE MATTER OF: Nagreeka Exports Limited …PETITIONER

VERSUS

Union of India &Ors. …RESPONDENTS

AND IN THE MATTER OF:

Trade Union Joint Action Committee, Maharashtra &Ors.

…APPLICANTS / INTERVENERS

APPLICATION SEEKING LISTING DUE TO EXTREME URGENCY AND

EXEMPTION FROM FILING DULY AFFIRMED AFFIDAVIT AND

STAMPED VAKALATNAMA

TO

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS LORDSHIP’S COMPANION JUSTICES OF THE

HON’BLE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION

OF THE ABOVE NAMED

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APPLICANTS / INTERVENERS

MOST RESPECTFULLY SHOWETH:

1. That the present Application is being filed on behalf of the Applicants /

Interveners i.e. Trade Union Joint Action Committee, Maharashtra

&Ors. praying for urgent hearing of the accompanying Intervention

Application in Nagreeka Exports Limited v. Union of India &Ors. [Writ

Petition (Civil) No. 471 of 2020].

SYNOPSIS OF EXTREME URGENCY

2. That the Applicants / Interveners represent some of the largest Trade

Unions in Maharashtra and the Maharashtra Chapters of some of the

largest Trade Unions in India (AITUC, CITU, INTUC, etc.).

3. That the Applicants / Interveners are fundamentally interested in the

present Writ Petition as the issue of payment of wages during the

present nationwide lockdown and resultant closure of workplaces is one

directly affecting the sustenance and livelihood of its members.

4. That despite the closure of most functions, all expenses of the workers

remain fixed and unchanged, which include school fees, rent, loan

repayments, electricity, food, etc. In fact, some of these costs have also

increased.

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5. That most of the workers of the unions represented by the Applicants /

Interveners are poor with negligible to no savings. Additionally, many of

them are indebted to money lenders.

6. That the accompanying Intervention Application has been filed praying

that the Applicants / Interveners herein be allowed to intervene in

Nagreeka Exports Limited v. Union of India &Ors. [Writ Petition (Civil)

No. 471 of 2020] and address this Hon’ble Court on the issues

involved.

7. That the urgency in the matter is that the Petition should not be heard

without considering the most affected stakeholder for whom the

impugned Government Orders dated 29.03.2020 and 31.03.2020 were

passed i.e. the workmen of the country and the State of Maharashtra.

8. That if the accompanying Intervention Application is not heard urgently,

it will become infructuous.

9. That the Advocate-on-Record’s contact details are given hereunder:

- Mobile no.: (+91)9811113979

- Email address: aparna.bhat@gmail.com

- Office address: A-11, Lower Ground Floor, Neeti Bagh, A Block,

New Delhi – 110049

- Residential address: W-141, 2nd Floor, Greater Kailash – I, New

Delhi – 110048

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10. That it is prayed that in the prevailing circumstances, exemption from

filing duly affirmed affidavit be granted for the time being.

11. That it is prayed that in the prevailing circumstances, exemption from

filing duly stamped vakalatnama be granted for the time being.

12. That it is undertaken that the deficit court fees will be paid subsequently

once prevailing circumstances are clear.

13. That consent is given for the matter to be taken up through video-

conferencing mode. The Advocate-on-Record will connect through her

own desktop/mobile for the hearing.

PRAYER

In the facts and circumstances, it is most respectfully prayed that this

Hon’ble Court may be pleased to:

A. Grant urgent listing of the accompanying Intervention Application

seeking permission to intervene in Nagreeka Exports Limited v. Union

of India &Ors. [Writ Petition (Civil) No. 471 of 2020];

B. Grant exemption from filing duly affirmed affidavit in the prevailing

circumstances;

C. Grant exemption from filing duly stamped vakalatnama in the prevailing

circumstances;

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D. Pass such other order(s) as this Hon’ble Court may deem fit and proper

in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE APPLICANTS /

INTERVENERS AS IN DUTY BOUND SHALL EVER PRAY.

Filed by:

APARNA BHAT

Advocate for the Applicants/Interveners

Place: New Delhi

Filed on: 21.04.2020

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IN THE SUPREME COURT OF INDIA

ORIGINAL CIVIL WRIT JURISDICTION

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

WRIT PETITION (CIVIL) NO. 471 OF 2020

MEMO OF PARTIES

BETWEEN POSITION OF

THE PARTIES

1. Nagreeka Exports Limited

Through its President (Operations)

Mr. Ramachandran Empran,

Kala Bhavan, 3, Mathew Road,

Opera House,

Mumbai – 400004

Petitioner

VERSUS

1. Union of India

Cabinet Secretariat, Rashtrapati Bhawan

New Delhi – 110004

Respondent No.

1

2. Ministry of Home Affairs

Through Home Secretary

North Block

New Delhi – 110001

Respondent No.

2

3. Government of Maharashtra

Mantralaya, Madam Cama Road,

HutatmaRajguru Square,

Nariman Point, Mumbai – 400032

Respondent No.

3

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