SC to into the issue of termination/salary cuts of techies during lockdown

The Apex Court has agreed to examine the issue relating to mass termination and withholding and deduction of salaries of IT/ITES/BPO/KPO employers due to the lockdown, caused due to ever growing Cvodi-19 cases.

The petition was filed by Rajesh Inamdar, a practicing advocate in New Delhi, and the National Information Technology Employees Sena (NITES) which is working for welfare and benefits of IT/ITES/BPO/KPO and its related sector employees. The petition was filed to seek implementation of advisories and directions issued by the Central Government vide an order dated 29.03.2020 and similar advisories issued by several other state governments which mandates the payment of wages and salaries to the employees and also directed not to terminate any employees during this period. However, it has been alleged in the petition that several IT companies during the lockdown have been adopting the process of mass termination over phone calls. 

The petition cited the order of the Apex Court in the case of Olga Tellis v. Bombay Municipal Corporation where a Constitution Bench held that the right to livelihood forms a part of the right to life and liberty protected by the Constitution. It is important for the State to protect the Fundamental Rights guaranteed under Part III of the Constitution, and since the current unprecedented situation of the lockdown is not caused due to the employees who are facing termination or pay cuts, they must not be made to suffer on that account.

“The Court should issue directions to the Government to ensure that the lakhs of employees engaged in the private sector are not terminated, and are able to draw at least Subsistence salary, to get over the present Covid-19 pandemic,” was stated in the plea.