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“No Work No Pay” Principle Cannot Be Made Applicable In Such Extraordinary Circumstances: Bombay HC [Read Order]

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first_imgNews Updates”No Work No Pay” Principle Cannot Be Made Applicable In Such Extraordinary Circumstances: Bombay HC [Read Order] Nitish Kashyap14 May 2020 5:07 AMShare This – xThe Bombay High Court on Tuesday held that the principle of ‘No Work No Pay’ cannot be made applicable in such extraordinary circumstances prevailing in the country due to the pandemic of Covid-19. Justice RV Ghuge of the Aurangabad bench directed the President of Tuljabhavani Mandir Sansthan to ensure that contract workers/labourers are paid full wages until May 2020. Court…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Bombay High Court on Tuesday held that the principle of ‘No Work No Pay’ cannot be made applicable in such extraordinary circumstances prevailing in the country due to the pandemic of Covid-19. Justice RV Ghuge of the Aurangabad bench directed the President of Tuljabhavani Mandir Sansthan to ensure that contract workers/labourers are paid full wages until May 2020. Court was hearing via video conferencing the writ petition filed by Rashtriya Shramik Aghadi, a union of contract workers/labourers who expressed willingness to offer their services as security guards and health workers with Shri Tuljabhavani Mandir Sansthan, Tuljapur but due to the closure of all places of worship like Temples, Gurudwaras etc in wake of the nationwide lockdown, they are unable to work. The Court noted that although certain proceedings under the Industrial Disputes Act, 1947 and the Contract Labour (Regulation and Abolition) Act, 1970 are pending before the Assistant Commissioner of Labour, Latur, further hearings in the matter are not possible due to the clamping of the lock­down. Petitioner’s advocate SP Shah uploaded a ready reference chart to indicate the gross monthly wages of the employees till January and ­February and the payments made by the contractors to the said employees for the months of March and April, 2020. Shah submitted that the payments made by the contractors for the month of March are slightly lesser than the gross salary and payment for the month of April is a paltry sum. Whereas, Advocate PP Mandlik appeared on behalf of the District Collector, Osmanabad and the Tahsildar. He submitted that the District Collector is now the President of the Trust and the Tahasildar is the Manager­ of Administration of the said temple trust. Thus, considering the pendency of proceedings before the Assistant Labour Commissioner, Latur, Mandlik said that the issue of maintainability should be left open. Justice Ghuge observed- “This Court cannot turn Nelson’s eye to an extraordinary situation on account of Coronavirus/ COVID­19 pandemic. Able bodied persons, who are willing and desirous to offer their services in deference to their deployment as contract labourers in the security and housekeeping sector of the Trust, are unable to work since the temples and places of worships in the entire nation have been closed for securing the containment of COVID­19 pandemic. Even the principal employer is unable to allot the work to such employees in such situations. Prima facie, I feel that the principle of “no work­ no wages” cannot be made applicable in such extraordinary circumstances. The Court cannot be insensitive to the plight of such workers, which has unfortunately befallen them on account of the Covid­19 pandemic.” Mandlik told the Court that he was unable to comment upon the chart just now uploaded by the learned advocate for the petitioner since he has not taken instructions regarding the payment made to the contractors for the months of April and May, 2020. Finally, the Court directed petitioners to add the two contractors as respondents in the petition and told the District Collector, Osmanabad, in his capacity as President to ensure that full wages, excluding food allowance and conveyance allowance will be disbursed by the contractors to the concerned employees for the months of March, April and May, 2020. Posting the matter for hearing on June 9, Justice Ghuge said- “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.”Click Here To Download Order[Read Order]Next Storylast_img read more

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Briefs

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first_img Briefs FLORIDA BAR PRESIDENT Kelly Overstreet Johnson, from the left, Sen. Rod Smith, D-Gainesville, and Rep. Dorothy Hukill, R-New Smyrna Beach, enjoy a few minutes together recently at a Bar sponsored legislative reception in Tallahassee. Both Smith and Hukill are members of the Bar. THE U.S. DISTRICT COURT for the Southern District of Florida recently presented law firms with certificates of appreciation for taking numerous pro bono cases from the Court’s Volunteer Lawyers’ Project. The awards were given during the VLP’s CLE seminar at the court, “Pro Bono Practice: Practicing Law for Love and Money.” The seminar was co-sponsored by the Federal Bar Association’s chapters for West Palm Beach, Broward, and South Florida. Pictured from the left are U.S. District Court Judge Aldaberto Jordan, Sherylle A.O. Gordon (Clarke Silverglate Campbell Williams & Montgomery), Anthony Sanchez (Anthony F. Sanchez P.A.), Robert Hudson (Carlton Fields), Tracy Nichols (Holland & Knight), Vance Salter (Hunton & Williams), Ed Davis (Akerman Senterfitt), Frank Zacherl (Shutts & Bowen), and U.S. Magistrate Judge Patrick White. THE PAUL C. PERKINS BAR ASSOCIATION’S judicial reception recently honored the eight African American members of the Central Florida judiciary. The PCP Bar — named in honor of the late Paul C. Perkins, one of the first African American attorneys in the Orlando area – is a chapter of the National Bar Association and consists of a group of African American attorneys who are dedicated to serving the Central Florida community. Rumberger, Kirk & Caldwell attorneys LaShawnda Jackson, Lori Nazry, and Candy Messersmith helped organize the event at Rumberger’s downtown Orlando office. William “Bud” Kirk, Jr., welcomed guests, and local attorney and friend of Paul C. Perkins, Leon Handley, spoke before the group of more than 30 judges from the 10th, 18th and Ninth judicial circuits, the Middle District of Florida, and the Fifth District Court of Appeal, honoring the late Mr. Perkins for his work with the NAACP and his enduring fight to promote and protect the rights of African Americans. In 1965, Mayor Bob Carr of Orlando appointed Paul C. Perkins to the position of city prosecutor, the first African American in the state to hold such a position. Paul C. Perkins, Jr., was also in attendance at the reception to honor his father. Pictured from the left are Chief Judge Belvin Perry, Jr.; Judge Timothy Coon; Judge Emerson R. Thompson, Jr.; Magistrate Odessia Y. Joyner; Judge Theotis Bronson; Chief Judge James E. C. Perry; and Florida A&M Law Dean Percy R. Luney, Jr. Attorneys and CPAs to meet in Coral Gables The Second Annual South Florida Goodwill Gathering of attorneys and CPAs is set for May 12 in Coral Gables. The event — to run from 6:30 to 8:30 p.m. on the 12th floor of the Commercebank building at 220 Alhambra Circle — is being coordinated by The Florida Bar Committee on Relations with Certified Public Accountants and sponsored by the Dade County Bar Association; Miami-Downtown, Broward, South Dade, and Miami-Dade County chapters of the Florida Institute of Certified Public Accountants; and Florida Association of Attorney – Certified Public Accountants. If you are interested in attending, contact Jennifer at Arista & Feldman by calling (305) 444-7662 or online at: www.AFLawyers.com by May 9. Court sets rules oral arguments The Supreme Court has set oral arguments in a number of rules cases, including: • In Re: Amendments to the Rules Regulating The Florida Bar, Case No. SC04-2246 — Wednesday, June 8. • In Re: Amendments to the Florida Rules of Civil Procedure (Two Year Cycle), Case No. SC05-179 – Wednesday, June 8. • In Re: Amendments to the Rules Regulating The Florida Bar, Case No. SC05-206 – Thursday, June 9. • In Re: Amendments to the Florida Rule of Criminal Procedure 3.172, Case No. SC04-2255 — Thursday, June 9. • In Re: Amendments to the Rules of Judicial Administration (Two Year Cycle), Case No. SC05-173 – Thursday, June 9. • In Re: Report of the Alternative Dispute Resolution Rules and Policy Committee on Senior Judges as Mediators, Case No. SC04-2482 —— Friday, June 10. For more information go to http://jweb.flcourts.org/pls/docket/ds_docket_search. Briefs May 1, 2005 Regular Newslast_img read more

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