Madras HC seeks report on layoffs since pandemic outbreak

Justice SM Ramesh issued the direction while hearing a petition moved by a trade union seeking direction to reinstate employees who were retrenched during the lockdown. 

“The Secretary, Labour Welfare and Skill Development Employment Department, is called upon to assess the situation and in consultation with all the Commissioners of Labour, shall file a detailed report with regard to the conditions of service, non-employment particulars of the workers/ employees within Tamil Nadu,” the court directed. 

The judge also asked the government to submit the report by way of a comparison between the period immediately before the onset of the pandemic and post lockdown relaxation. 

“As an illustration and for the sake of convenience, 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 on date October 27 in that industrial establishment, together with an explanation of that industrial establishment for the reduced number of workers/employees,” the HC ruled. 

The judge noted that though the COVID-19 pandemic and its aftermath could be termed as a misfortune, employers could not be permitted to make a fortune out of this. 

“This court has not come across any Government Order (GOs) or notifications addressing this crisis, whereby countless numbers of workers/employees have been retrenched/laid off by violating the legal procedures for such retrenchment/lay off,” Justice Ramesh noted. 

The court then directed the government to file an interim report by November 29.