A petition through Advocates Anil K Aggarwal and KS Wahi in the Supreme Court alleged that Steel Authority of India Limited (SAIL) and National Buildings Construction Corporation (NBCC) Limited have misconstrued the April 15 notification of the Ministry of Home Affairs (MHA) by directing their employees to report to work during the COVID-19 lockdown.
The petition stated that employees received incessant calls and messages on April 20 from SAIL and NBCC who were asked to report to work during the period of lockdown.
The petitioner noted that it could not find any order/circular/OM etc. allowing the SAIL or NBCC to open their offices and enforce “attendance of their officers and staff in any manner for any purpose whatsoever during the lockdown period extended up to May 3.”
T he plea noted that on April 12, the Centre decided to scale up government activities at the ministry level in policy matters and for “effective governance and administration” as majority/sole shareholder in SAIL and NBCC is performed on behalf of the Central government.
Thus, under the para 18 (ii) of the Consolidated Guidelines dated April 15, the officers including and above the rank of Deputy Secretaries of the Government of India were directed to attend their offices with 33% of the assistance officers and staff in attendance to assist them.
The plea further stated,
“This does not make the incorporated company as Government or Government Department or an office controlled by the Government or Government Department. Unlike the Government Department which is not only completely controlled and financed by the Government and does not have any identity of its own and money earned by such a department goes to the exchequer of the Government.”
The petitioners have thus prayed that the Court strike down the April 17 orders of SAIL and NBCC, as they are “unconstitutional and illegal”, and violate the statutory order and guidelines of the MHA on April 15 under the Disaster Management Act, 2005.
It also urged for direction to both NBCC and SAIL to “immediately close down their all offices and operations and keep the same closed during the entire lockdown period till May 3 or till such period extended by the Central government and also grant paid leave to their employees for entire period of lockdown.”
Further a direction shall be given for tracking down other private companies or officer, open during the COVID-19 lockdown.
Read the petition here:
