No retrenchment taking advantage of pandemic: HC

  • | Thursday | 28th October, 2021

Chennai, Oct 28 (PTI) Holding that no employers should be allowed to take advantage of the pandemic situation and retrench their employees, the Madras High Court has directed the Labour Welfare and Skill Development Employment department to assess the situation in consultation with all the Commissioners of Labour and file a detailed report with regard to the conditions of service, non-employment particulars of the workers or employees in Tamil Nadu. Though the Covid-19 pandemic situation could be termed as a misfortune, the employers cannot be permitted to make a fortune out of this misfortune, Justice M S Ramesh said on Wednesday. The Covid-19 pandemic and the consequential lockdown announced by the government, had resulted in loss of income to many workers or employees owing to non-employment. Equally, the employers were also facing huge monetary losses owing to non-production. "It is no doubt true that the Covid-19 pandemic has created a disaster, affecting the conditions of service of the workers or employees, as well as the business activities of the employers, particularly in Industries, Factories and other establishments to which the Labour and Industrial Laws apply." "However, post relaxation of the lockdown announced by the government, this court has been witnessing many cases where the workers or employees, who were retrenched or laid off during the lockdown period, have not been reinstated back into service, even though there has been considerable relaxation of the lockdown regulations and the businesses of the employers had resumed. In other words, some of the employers seem to have exploited this unprecedented situation and have effectively disengaged the services of some of their workers or employees, without following the procedure for such disengagement under the Labour Laws," the judge pointed out and gave the direction. PTI CORR SA BN BN

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