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2020 Supreme(SC) 402

ASHOK BHUSHAN, SANJAY KISHAN KAUL, M.R.SHAH
FICUS PAX PRIVATE LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :R. Basant Advocate, Raghenth Basant, Liz Mathew, Gautam Singh, Harminder Syal, Krishna Kumar Singh, T. Sundar Ramanathan, M.P. Devnath, Abir Roy, Prerana De, Ishaan Chakrabarti, Sakshi Mehley, Harshita Kumar, Vipin Singhania, Nikhil Jain, Parthiv K. Goswami, Diksha Rai Advocate, Anish Gupta, Adarh Tripathi, Nikhil Khandpal, Gaurav Srivastava, Vishal Sharma, Meera Mathur, Varun Singh, Nishtha Kumar, Deepti Arya, Akshay Dev, Rishabh Rana, Jamshed Cama, , Abhay Nevagi, Krishan Kumar, Mohit Gulati, Govindram D. Talreja, S.C. Ralhan, Mr. Purvish Jitendra Malkan, Gaurav Mehta, Man Mohan Sharma, Dharita P. Malkan, Deepa Gorasia, Sakshi Mehley, Jeetender Gupta, Aditya Giri, Advocates
For the Respondent:Sanjay Singhvi, Aparna Bhat, Karishma Maria, Rahul Chitnis, Sachin Patil, Karan Bharihoke, G. Prakash Jishnu M.L, Manish Kumar Saran, Shuvodeep Roy, Advocates

ORDER

Ashok Bhushan, J.

All these writ petitions except one (i.e. W.P.(civil) Diary No.10981/2020) have been filed by different employers, employers associations questioning the orders issued under Disaster Management Act, 2005 and other consequential orders issued by different States where directions have been issued that all the employers be it in the industries or in the shops, commercial establishment, shall make payment of wages of their workers, at their work place, on the due date, without any deduction, for the period their establishments are under closure during the lockdown.

2. In the writ petitions apart from challenging the D.O. dated 20.03.2020 issued by the Secretary, Government of India, Ministry of Labour and Employment, order dated 29.03.2020 issued by Government of India, Ministry of Home affairs, in exercise of powers under Section 10(2)(l) of Disaster Management Act, 2005, the vires of Section 10(2)(l) of Disaster Management Act, 2005, has also been questioned, in event, Section 10(2)(l) is interpreting as conferring power to Central Government to direct the private employers to make full payment of wages to the employees during the period of lockdown. In few of th

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