PIL filed in SC against changes in labour laws

A PIL has been filed in the Supreme Court for quashing the changes made in labour laws by states of Gujarat, Uttar Pradesh, and Madhya Pradesh and others in view of prevailing COVID-19 situation.

Pankaj Kumar Yadav, a freelance journalist from Jharkhand, filed the PIL through advocate Nirmal Kumar Ambastha asking the court to quash various notifications issued to relax the provisions of Factories Act, 1948, and the Industrial Disputes Act, among others, much to the detriment of the poor workmen on the premise of facilitating economic activities in various parts of the country.

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The proposed changes amounted to an invasion on the rights of the poor labourers under the guise of exemption for economic development granted to their employers, which clearly "defeats the ostensible object of the benevolent legislation enacted for comfort, welfare and safety of the poor workmen". Therefore, these were arbitrary and unconstitutional and deserved to be quashed, he submitted.

The petitioner said during the second phase of national lockdown, the Union government decided to permit certain industrial activities for the dual purpose of enabling the production of essential as well as non-essential goods and secondly to enable the workers to earn their livelihood in these difficult times.

However, on requests of industrialists, various state governments agreed to accord relaxations to these industries from the rigours of labour laws related to weekly hours, daily hours, intervals for rest, which are "neither lawful nor in the interest of workers".

The object of economic growth cannot be placed on a pedestal above the welfare of the workers in a welfare state like ours, he said.

All these state governments exercised powers under the Factories Act, which can be exercised only in case of a grave emergency, related to security or war or external aggression or internal disturbance.

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Various newspaper reports stated that other states like Punjab, Rajasthan, Himachal Pradesh have also granted similar exemptions to the industries under the Factories Act.

"The poorest of poor labourers, who earn their livelihood by working for someone else, cannot be exclusively burdened to bear the detrimental effects of economic growth of the economically ruined country in view of the Coronavirus pandemic being faced by the entire world," he contended.