Top Stories[Breaking] “Covid 19 Is Not A Public Emergency”: SC Quashes Gujarat Govts’ Notification Extending Work Hours Under Factories Act Without Overtime Pay Sanya Talwar30 Sep 2020 10:31 PMShare This – xThe Supreme Court has quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates viz. Section 59.A bench of Justices…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates viz. Section 59.A bench of Justices DY Chandrachud, KM Joseph & Indu Malhotra has held that the pandemic situation cannot be a reason to do away with statutory provisions that provide dignity and rights for workers by the Gujarat Government. In this context, the bench has stated that the pandemic is not a “public emergency” within the meaning of Section 5 of the Factories Act threatening security of the country.On September 23, the bench had reserved orders in the plea which challenges the Notification issued by the Gujarat Government on April 17, 2020, which has been purported to be issued under Section 5 of the Act for the period from April 20 to July 19, 2020.Further, on the last date, bench had stated that since the notification which formed the subject matter of the challenge in the writ petition under Article 32 of the Constitution had, during the pendency of proceedings, been extended by a further notification dated 20 July 2020, liberty was granted to the petitioner to formally challenge the subsequent notification. “The impugned notification exempts factories from sections 51, 54, 55 and 56 of the Act of various conditions which are, that for the period from April 20 to July 19, 2020, workers in Gujarat can be made to work 12 hours in a day, 72 hours in a week with a 30 minutes break after 6 hours.”The Petitioners were Trade Union Associations named Gujarat Mazdoor Sabha (Ahmedabad) & Trade Union Centre of India (Mumbai) and have averred that the Factories Act, 1948, otherwise provides that workers can only be made to work 9 hours in a day – but 48 hours in a week with 1 weekly off, thus coming to 8 hours a day with 30 minute breaks after 5 hours of work. Further to this, it provides that no women workers will be allowed to work between 7 PM & 6 AM.Contending that the notification is “blatantly against section 59 of the Act” which mandates the payment of wages at doubled rate for hours worked in excess of 9 hours in a day, the petitioners state that the notification prescribes an overtime work payment at the rate of the usual hourly rate.”the shocking extension of working hours is being directed at a time when the most basic medical and scientific advise to contracting the deadly COVID10 is to take rest and stay as healthy as possible. This new regime ensures the complete opposite.. as per the notification, these workers will now be overworked without being compensated for the same as per law which will only ensure that both their physical and mental health deteriorate”Thus, the plea stated that the Gujarat Government has acted ultra vires to the powers vested upon it, under section 5 of the Factories Act, 1948 which only allows exemptions in light os a “public emergency”. This public emergency, the plea stated, means a “grave emergency whereby the security or of any part of the territory thereof is threatened, whether by way or external aggression or internal disturbance” and that it “clear that such an emergency only covers emergencies in the nature of physical and tangible war or conflict””Section 5 empowers State Government in case of a public emergency to grant exemption to any factory or class or description of factories from all or any of the provisions of the Act for such period and subject to such conditions as it may think fit, for a period not exceeding three months at a time”Further to this, the petitioners stated that the section only permits such an exemption to be granted to “any factory or class or description of factories” whereas the impugned notification has given a blanket exemption to all factories in the state.”Therefore it is amply clear that the Gujarat Govt. has misused section 5 to suspend key provisions of the Factories Act” – Petition read.In this backdrop, the petitioners sought issuance of appropriate directions for quashing of the notification.The plea has been moved through Advocate Aparna Bhat.Next Story
ABC News(DENVER) — A 24-year-old man accidentally shot by an FBI agent doing a backflip on the dance floor of a Colorado nightclub says he initially couldn’t believe he had been wounded while enjoying a night out with friends and thought “some idiot set off a firecracker.”In an exclusive interview with ABC News’ Good Morning America, Thomas Reddington said he remains “confused” by the bizarre incident that happened at the Mile High Spirits Tasting Room near downtown Denver around 12:45 a.m. Saturday.“We sat down at one of those picnic tables — I heard a loud bang and I thought some idiot set off a firecracker,” Reddington told GMA. “Then I looked down at my leg and see some brown residue … I’m still thinking it’s a firework … all of a sudden from the knee down my leg became completely red. And that’s when it clicked in my head, ‘Oh, I’ve been shot.”Cell-phone video of the incident that has since gone viral on social media shows the FBI agent, identified by sources as 29-year-old Chase Bishop, dancing on a dance floor in the crowded bar when he suddenly did a backflip. Bishop fell forward, his gun slipped out of his waistband and landed on the dance floor.When he went to pick up the weapon, it went off. A bullet hit Reddington in his outer left leg just below the knee and exited his inner leg, he said.“I like stand up and like start walking in a little circle saying, ‘Hey, I think I’ve been shot. Can someone call 911?’” Reddington said.He said he blacked out and either fell to the ground or sat on the ground. He said a good Samaritan used a belt to put a tourniquet on his bleeding leg.“I blacked back in on the ground. Blacked back out. And then I woke up to a paramedic putting a tourniquet on my leg.”He said he lost a lot of blood.“I soaked through several blankets, several towels, a few gauze pads,” Reddington said.The Denver Police Department is investigating the incident. Charges against the agent are pending the results of a blood-alcohol test.Sources familiar with the incident told ABC News that the agent is based in Washington, D.C.The agent “will be held accountable,” one FBI official told ABC News.But Reddington, who moved to Denver in January from the Chicago area, was reluctant to slam Bishop but said he would like a private conversation with him to clear the air.“I don’t want to blame anybody, throw anybody under the truck,” said Reddington, who has retained a lawyer to represent him.He said he’s still in a lot of pain.“It’s bizarre. It’s beyond bizarre,” he said of how he was shot. “It’s beyond comprehension I think right now for me just with all the factors involved.“It’s gone from being confused as to what happened. Being confused to what’s going to happen. Being confused as to what’s happening to me, where I am,” he said. “There’s been phases, but almost all of them have mainly just been shock, just various types of shock.”The owners of the Mile High Spirits Tasting Room say they’re just as stunned.“It is shocking that the only shooting to ever occur at our establishment came about as a result of an FBI agent entering our distillery tasting room carrying a loaded firearm without our knowledge, in violation of our rules,” the nightclub owners said in a statement. “As a result of his misconduct, one of our innocent patrons was shot.”“We are deeply saddened by the events that occurred and look forward to speaking with representatives of the FBI, so we can understand his presence and his need to be armed in our establishment,” the bar’s statement reads.The bar owners said Reddington is welcomed back any time to “enjoy complimentary drinks forever.”But Reddington, who works as an Amazon fulfillment associate packaging boxes and loading trucks, said he concentrating on getting better.“I just want to heal,” he said while putting ice packs on his wounded leg. “I just want to be able to walk.”Copyright © 2018, ABC Radio. All rights reserved.