Excelsior Correspondent
KATHUA, May 14: Miss Appu Singh, Supreme Court Advocate and Legal Advisor to JKNPP today said that there is no prudent reason as to why Central Government order (DD No 40-3/2020-DM-1(A) dated 29 of March 2020 should not be implemented with respect to Chenab Textile Mills by the administrators of Union Territory of Jammu and Kashmir.
Talking to reporters here, today she strongly pleaded the cause of the CTM workers demanding their full wages during the lockdown period when the mill remained non functional as per the Government order in this regard.
She said the Home Ministry’s order is binding upon all the concerned parties. She, while quoting the Section 51 of the Disaster Management Act 2005 said it describes the punishment for any obstruction or non compliance of any such directions passed under Disaster Management Act. Moreover the Section 72 of this Act created an overriding effect regardless of anything contained in any other law that may be inconsistent with the orders under the Disaster Management Act. Moreover she said that that the order under Disaster Management Act 2015 can’t be set aside until any High Court of any State or the Supreme Court modifies it or sets it aside.
Moreover, she said that the workers wages are paid under a contract. The contract is that worker will get the wages as long as he is employed and is ready to work. It can’t be read into the contract that he will not be entitled to wages if the employer is unable to provide him with the work. The establishments, such are shut are because they are prohibited from working during the lockdown. In those establishments where they are permitted to work, the workers are attending the work as per permissions given. The workers even though not given work are expected to abide with all other terms of the contract such as not taking employment elsewhere, not disclosing trade secrets to rivals etc, she added.
She said amidst all the big dreams and the lucrative economy boosters that have been given by the present Government, the fact remains that the Government till date did not take any stringent steps to ameliorate the situation that has been created for the workers of Chenab Textile Mills at Kathua as the order of March 29, 2020 issued by Union Home Ministry has not been implemented in Kathua with respect to the payment of wages.
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