Read Time: 05 minutes

"This Court has been witnessing many cases where the workers/employees, who were retrenched/laid off during the lock-down period, have not been reinstated back," said the Madras High Court while asking for a detailed report comparing the conditions of service, non-employment particulars of the workers/ employees within the State of Tamil Nadu before and after Covid-19 lockdown.

Though the bench of Justice MS Ramesh observed that there wasn't any doubt that COVID-19 pandemic was a disaster that had affected the conditions of workers and employees along with industries, however, 'exploitation of the unprecedented situation by effectively disengaging the services of workers/employees sans mandated procedure under the Labour Laws' drove the court to voice its concern.

"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," court said. 

Court stressed that in many cases where the workers/employees, who were retrenched/laid off during the lock-down period, have not been reinstated back into service, even though there has been considerable relaxation of the lock-down regulations and the businesses of the employers had resumed.

It was furhterr highlighted by the court that there haven't been any Government Orders or notifications addressing this crisis despite countless numbers of workers/employees have been retrenched/laid off by violating the legal procedures for such retrenchment/lay off.

In this backdrop, the high court directed the Secretary, Labour Welfare and Skill Development Employment to assess the situation and 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/ employees within the State, by way of a comparison between the period immediately before the onset of the Covid-19 pandemic and post-lock-down relaxation.

For the sake of convenience, court illustrated that in the report the number of workers on the rolls of any industrial establishment as on January 1,2019 could be compared with the numbers that exist as of October 27, 2021, in that particular industrial establishment.

Court also sought an explanation attached to the report of such industrial establishment for the reduced number of workers/employees, if any. 

The matter pertains to a petition filed by a union named the Labour Liberation Front, which had raised the issue that some of its members had not been reinstated despite the relaxation of the COVID-19 lockdown.

Addressing that, through this interim order, the court has called for such a detailed report by November 29, 2021, i.e. next date of hearing in the case. 

Case Title: Labour Liberation Front and ors v. State of Tamil Nadu