Satya Prakash

Tribune News Service

New Delhi, April 7

Maintaining that policy decisions were prerogative of the Government, the Supreme Court on Tuesday refused to pass orders for payment of wages to migrant workers affected by the 21-day nationwide lockdown due to COVID-19 pandemic.

"We don't want to supplant the wisdom of the Government with our wisdom," a Bench headed by Chief Justice of India SA Bobde told petitioners' counsel Prashant Bhushan during a hearing conducted via video conferencing.

"There is a dispute on facts and the best course to be adopted...How can you say that the Government has not done anything when you have not seen the status report filed by it?" the Bench asked Bhushan.

"We can't take a better policy decision at this stage. We don't want to interfere with government decisions for the next 10-15 days," it said.

Solicitor General Tushar Mehta -- who had on Friday said that PIL shops must close down -- contended that except vague assertions there were no facts in the petition.

As the Bench asked Bhushan to respond to the status report filed by the government by Monday, the activist lawyer said, "By Monday many people will die. Those registered with the government should be given some money to send to their families back home."

Asking the petitioners to respond to the government's status report, the Bench posted the matter for further hearing on April 13.

The Supreme Court had on Friday asked the Centre to respond to a PIL seeking directions to ensure payments of wages/minimum wages to migrant workers employed by some establishments/contractors or those self-employed as they were unable to work and earn wages due to nationwide lockdown in view of COVID-19 pandemic.

A Bench headed by Justice L Nageswara Rao had issued notice to the Centre on a PIL filed by activist Anjali Bhardwaj and Harsh Mander, the top court expressed concern over the plight of migrant workers in the unorganised sector and asked the Centre to file its response by April 7.

During hearing of another PIL, the Centre had earlier told the top court that more than 21,000 temporary shelters had been set up where close to seven lakh migrant workers had been accommodated across India and they were being given food and medical facilities.

The petitioners had also sought directions to the central and state governments to immediately activate National and State Advisory Committees of experts in the field of disaster management and public health and prepare national and state disaster management plans for dealing with COVID-19.

The plan should be prepared taking into account all relevant aspects, mitigation measures, state disaster management plans for dealing with the pandemic, besides mitigation measures, their possible costs and consequences required under the Disaster Management Act, 2005.

The order imposing a nationwide lockdown led to loss of jobs and employment of lakhs of migrant workers as a result of which they were faced with shortage of money, food and shelter and were forced to march back to their homes, the petitioners said, adding, it made a mockery of the rnorms of social distancing.

The lockdown order for which no prior intimation was given, created a panic across the country and led to the instantaneous loss of jobs and wages of millions of migrant workers employed in establishments across India or self-employed as street vendors, rickshaw pullers, domestic house helps, petty job workers, etc, the petitioners submitted.