On 5th January, WHO published disease outbreak news on the Corona virus. On 13th January, first case outside China was reported, on 22nd January, WHO issued statement that there was evidence of human to human transmission in Wuhan, China but more investigation is needed to understand full extent of transmission. On 30th January, cases were reported in 18 Countries, on 3rd February, WHO, released Strategic Preparedness and Response Plan to help protect states with weaker health systems. Due to alarming level of spread and severity, and by alarming level of infection, on 11th March, WHO declared COVID- 19 as a pandemic.

On being asked by the Hon'ble Prime Minister of India, on 22nd March 2010, India observed a voluntary Janata Curfew. On 24.03.2020, National Disaster Management Authority, in exercise of powers under section 6 (2)(i) of the Disaster Management Act, 2005, directed Ministries/ Department of Government of India, State Governments and State Authorities to take measures for ensuring social distancing so as to prevent the spread of COVID-19 in the country. Ministry of Home Affairs in furtherance of the same issued Guidelines dated 24.3.2020. It gives the details of what will remain close and what activities can be carried out. Para 17 of guidelines mentions that any person violating these containment measures will be liable to be proceeded against U/s 51 to 60 of the DM Act, 2005 besides legal action under Sec 188 of IPC the penal provisions have been appended with Guidelines. Penal consequences of section 188 of the IPC have been invoked from the Epidemic Disease Act, 1897. There were Five Appendum issued at later stages, addressing the needs of Agriculture, Fishing, seafearers, foreigners etc. On 14.04.20 one Consolidated guidelines were issued which included all the previous guidelines. At different stages, different orders were issued invoking DM Act

An updated compendium of guidelines, clarifications and advisories focusing on business activities have been put in a user- friendly format, from the link available, complete text of the document can be retrieved from the website.

Considering the movement of large number of migrants in some parts of the Country, certain measures were ordered to be taken on 29.03.2020, which included adequate arrangements of shelter & food for migrant labour, most importantly in (iii) para, it was mentioned “All the employers, be it in the Industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during lockdowns.” . Followed by the same the respective States also issued orders directing the employers to pay full wages to the workers during the period of lock down.

Aggrieved by the same a Writ Petition was filed by Nagrika Exports Ltd against UOI in the Supreme Court of India. The WP raised various questions of Laws, important amongst them was whether Govt. of India and Govt. of Maharashtra is empowered to issue the directions to private establishments to pay 100 % wages under the Disaster Management Act. The Karnataka-based company Ficus Pax Private Limited & Punjab based Ludhiana Hand Tools Association had also challenged the constitutional validity of a March 20 notification by the Secretary (Labour & Employment) and clause III of the March 29 notification by the MHA. Many labour Unions have also approached the Supreme Court of India seeking intervention in the Writ Petition. All the three petitions were listed before the Supreme Court on 27.04.2020 has issued notice for two weeks to Union of India and States in the respective petitions.

Lex Locum Consultants LLP is committed to the cause of promoting legal awareness amongst all the stake holders including, Corporate Houses, Business Men & Professionals and in furtherance of that it is organising a Webinar on “Payment of full wages during lockdown- challenges and way forward” on 5th May, 2020 at 5 pm . Experts would deliberate on the Business related guidelines issued by Central & State Governments during the period of lockdown, should the period of lockdown be treated as Force Majeure, Cases before Supreme Court on the issue of payment of wages during the period of Lockdown, How other Countries have dealt with payment of wages during the period of lockdown.