Scribd
Upload
50 views6 pages

Madras High Court Order

The petitioners filed a case challenging the government's decision to allow automobile industries to operate during a COVID-19 lockdown. While the industries provided affidavits on safety measures, the petitioners argued contract workers were being exploited. The court said it was a policy decision but industries must ensure employee safety and follow COVID protocols.

Uploaded by

Srinivasulu Natukula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
50 views6 pages

Madras High Court Order

The petitioners filed a case challenging the government's decision to allow automobile industries to operate during a COVID-19 lockdown. While the industries provided affidavits on safety measures, the petitioners argued contract workers were being exploited. The court said it was a policy decision but industries must ensure employee safety and follow COVID protocols.

Uploaded by

Srinivasulu Natukula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 6

W.P.Nos.

11948 and 11949 of 2021

W.P.Nos.11948 and 11949 of 2021

THE HON'BLE CHIEF JUSTICE


and
SENTHILKUMAR RAMAMOORTHY, J.

(Order of the Court was made by the Hon'ble Chief Justice)

The State and two of the employers, Renault-Nissan (Renault)

and Wipro Infrastructure (Wipro), are represented.

2. The petitioners' grievances are manifold, including the

government's decision to allow the automobile industry to function

during the lockdown. The petitioners say that just because there

may be pending export orders would not mean that the safety or

health of the workmen may be compromised to keep the

manufacturing units running. The petitioners say that there is no

justifiable basis for the automobile industry to be exempted from

the strict lockdown conditions otherwise imposed all over the State

in the wake of the second surge of the pandemic.

__________
Page 1 of 6

https://www.mhc.tn.gov.in/judis/
W.P.Nos.11948 and 11949 of 2021

3. Both Renault and Wipro have filed affidavits. The thrust of

the affidavits is to indicate that safety measures are in place and

Covid protocol is being maintained at the manufacturing units to

ensure the safety and well-being of all workers. However, the

petitioners complain that there are contract labourers and trainees

who are being exploited and transport facilities are not made

available to the contract labourers and trainees who are otherwise

mandatorily required to attend on a daily basis.

4. The petitioners also suggest that the State should indicate

the rationale behind its decision to exempt Renault and Wipro from

the rigours of the lockdown.

5. Prima facie, it appears that a policy decision has been taken

by the State to allow certain types of industries to function despite

the strict lockdown imposed from last week. There is no doubt that

due consideration would have gone into choosing which industries

to exempt from the lockdown. There is also a presumption that the

safety of the workmen at the relevant units would have been taken

__________
Page 2 of 6

https://www.mhc.tn.gov.in/judis/
W.P.Nos.11948 and 11949 of 2021

into account in arriving at the decision. However, at the end of the

day, it is a policy decision and unless it is shown that such decision

is absurd to the meanest mind, the Court in exercise of the

authority under Article 226 of the Constitution may not seek to

interfere in such a case.

6. Further, it is a matter between the employer and

employees as to what measures should be adopted to ensure the

safety and well-being of all employees. It is submitted on behalf of

Renault that its employees have indicated no grievance and it has

export orders to meet and is, therefore, constrained to continue the

manufacturing activities.

7. It is hoped that the industries that have been exempted

from the rigours of the lockdown take independent measures to

ensure the well-being and safety of the employees required to

attend the office or manufacturing units. The Covid protocol has to

be maintained at all times. Transportation has to be arranged, not

only for the direct employees, but also for the contract labourers

__________
Page 3 of 6

https://www.mhc.tn.gov.in/judis/
W.P.Nos.11948 and 11949 of 2021

and trainees and such others who are expected to attend the office

or the manufacturing facilities. Distancing norms have always to be

maintained even during the manufacturing operations. It is hoped

that necessary steps in such regard are taken by the concerned

employers and, in any event, the manufacturing activities restricted

to such as may only be necessary to meet the commitments so that

there may be less footfall in the offices and the manufacturing

facilities.

8. The State, doubtless, is monitoring the situation at the

various manufacturing units and should take immediate appropriate

steps as deemed fit in the larger public interest and to maintain

public health. In the event the State finds Covid protocol not being

maintained at the exempted manufacturing units, immediate

appropriate steps should be taken. The State should also monitor

the working at various places and advise or restrict the functioning

to the extent that may be necessary so as not to compromise public

health.

__________
Page 4 of 6

https://www.mhc.tn.gov.in/judis/
W.P.Nos.11948 and 11949 of 2021

9. The matter will appear on May 24, 2021 for the State's

affidavit to be received. It is recorded that both Renault and Wipro

have filed their counter-affidavits and a rejoinder has been used by

the petitioner in W.P.No.11948 of 2021 to the affidavit filed on

behalf of Renault.

(S.B., CJ.) (S.K.R., J.)


17.05.2021
sasi/bbr

__________
Page 5 of 6

https://www.mhc.tn.gov.in/judis/
W.P.Nos.11948 and 11949 of 2021

THE HON'BLE CHIEF JUSTICE


AND
SENTHILKUMAR RAMAMOORTHY, J.

(sasi)

W.P.Nos.11948 and 11949 of 2021

17.05.2021

__________
Page 6 of 6

https://www.mhc.tn.gov.in/judis/

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy