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During Covid Pandemic, No work no wages principle cannot be applied by employers:Bombay HC

The Aurangabad Bench of the Bombay High Court recently observed that during this present time of the COVID-19 pandemic, the principle of "no work- no wages" cannot be made applicable by the employers.

 

A single Judge Bench of the Bombay High Court's Aurangabad Bench  directed the Tuljabhavani Mandir Sansthan trust at Aurangabad to ensure that all its contract labourers are paid their wages in full till the month of May this year.

 

 The decision of the court has come on the petition filed by contract workers union raising the grtievance that despite the workers offering their services as security personnel or for other duties at the Tuljabhavani Mandir Sansthan, they were precluded from doing so on account of the COVID-19 lockdown.

 

Based on the submissions made, the Court observed that the workers appeared to have been paid a measly amount for the month of April while less than the gross salary was paid in March.The Court also took note of the circumstances prevalent wherein able bodied persons were offering their services but were not allotted any work given that all the temples and places of worship are shut on account of the nation-wide lockdown.

 

The inability of the principal employer to allot any work to these workers offering their services was also highlighted before the Court. The Court, however, said that these are extraordinary circumstances where the principle of "no work-no wages" cannot be applied.

 

The Court directed the Temple trust to ensure full wages for the months of March, April, and May are paid to the workers and the principle of "no work- no wages" is not invoked until further orders.