Case Law Details
Workmen of Renault Vs State of Tami Nadu (Madras High Court)
Workmen of Renault-Nisan, Wipro Infrastructure & MRF filed Petitions with Madras High Court & contended that the safety or health of the workment cannot be compromised to keep the units functioning. High Court Observed as follows:-
Prima facie, it appears that a policy decision has been taken by the State to allow certain types of industries to function despite the strict lockdown imposed from last week. There is no doubt that due consideration would have gone into choosing which industries to exempt from the lockdown. There is also a presumption that the safety of the workmen at the relevant units would have been taken into account in arriving at the decision. However, at the end of the day, it is a policy decision and unless it is shown that such decision is absurd to the meanest mind, the Court in exercise of the authority under Article 226 of the Constitution may not seek to interfere in such a case.
Further, it is a matter between the employer and employees as to what measures should be adopted to ensure the safety and well-being of all employees. It is submitted on behalf of Renault that its employees have indicated no grievance export orders to meet and is, therefore, constrained to continue the manufacturing activities.
It is hoped that the industries that have been exempted from the rigours of the lockdown take independent measures to ensure the well-being and safety of the employees required to attend the office or manufacturing units. The Covid protocol has to be maintained at all times. Transportation has to be arranged, not only for the direct employees, but also for the contract labourers and trainees and such others who are expected to attend the office or the manufacturing facilities. Distancing norms have always to be maintained even during the manufacturing operations. It is hoped that necessary steps in such regard are taken by the concerned employers and, in any event, the manufacturing activities restricted to such as may only be necessary to meet the commitments so that there may be less footfall in the offices and the manufacturing facilities.
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