SC quashes Gujarat Notification exempting factories from paying overtime during lock down

Gujarat Mazdoor Sabha & Anr. Vs. The State of Gujarat (Supreme Court)

Facts-

The Gujarat Government, on 17^th April 2020, issued a notification under section 5 exempting all the factories from various provisions relating to weekly hours, daily hours, intervals for rest etc. for adult workers during the period 20^th April 2020 till 19^th July 2020.

The notification also exempted the requirement of payment of double wages for overtime and allowed for overtime hours to be compensated at normal working wages per hour.

The said notification was challenged on the grounds that Section 5 only allows for exemption in cases of public emergency. The COVID-19 pandemic, while being a critical issue affecting the country, has still not been declared as an emergency. Accordingly, the state government could not have exercised this power under Section 5 of the Factories Act

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