EMPLOYEES DRAG EMPLOYER TO DELHI HIGH COURT FOR NON-PAYMENT OF WAGES DURING COVID-19 LOCKDOWN

Court: Delhi High Court (Mr. Navin Chawla, J.)

Case Name: Nirmal Bhagat & Ors. vs. Ministry of Home Affairs & Ors.

Date of Order: May 29, 2020

Case No.: W.P. (C) 3145/2020

FACTS:

Ten employees of a car rental service moved the Delhi High Court seeking registration of FIR against the Directors of the Company for non-payment of wages during the lockdown due to Covid-19.

PETITIONER’S CONTENTION:

The Petitioner’s case was that:-

  1. They had been in continuous and uninterrupted employment of the Respondent establishment for several years and that contributions towards ‘provident fund’ had also been deducted from their wages.
  2. That during the lockdown, their employer not only refused to pay their salaries but also declined to give particulars about their Provident Fund account number/certificate etc.
  3. Repeated requests were made to the employer, in the hope of payment, and alternatively, they sought the details of Provident Fund Account.
  4. That their right to life with dignity and respect was violated by the inaction of the employer and the Delhi Police.

RESPONDENT’S CONTENTION:

The Respondent refuting the petitioners’ claim claimed that the services of the petitioners were availed of by the said respondent only on work basis and not as permanent employees.

JUDGEMENT:

The Hon’ble court disposing of the petition stating that it raised such facts that couldn’t be adjudicated while exercising jurisdiction under Art.226 of the Indian Constitution, granted the petitioners the permission to seek remedy before Appropriate Authority under the Delhi Shops and Establishments Act, 1954.

All the parties were asked to provide full assistance to the concerned authority, without any unnecessary postponement/delay and dispose of the matter expeditiously.  

Contributed by Nancy Goel | June 02, 2020