JGC

Jeetender Gupta & Co.

(Advocates & Legal Consultants)

CASE NOTE
”Ficus Pax P Ltd vs Union of India”

Court : Supreme Court of India

Case Number : Writ Petition (C) Diary No. 10983 of 2020

First Date : 27.04.2020

Last Date : 12.06.2020

Next Date : 27.07.2020 (Tentatively)

Connected Cases : W.P.(C) Diary No. 11048/2020

: W.P.(C) Diary No. 11094/2020

: W.P.(C) No. 498/2020

Case Background:

The lead case “Ficus Pax P Ltd Vs UOI” along with three other

connected petitions have been filed & argued by Jeetender Gupta,

Advocate On Record, wherein the Petitioners have challenged the

constitutionality of MHA Order dated 29.03.2020 regarding

payment of wages to workers for lockdown period.

Interim Relief:

The Hon’ble Court vide judgement dated 12.06.2020 has granted

interim relief to the extent of no coercive action against the

employers and have also directed the petitioners to explore

settlements with workers. In the event a settlement is arrived at,

that may be acted upon by the employers and workers

irrespective of the order dated 29.03.2020 issued by the

Government of India, Ministry of Home Affairs.

(For Internal Circulation Only)

2020 (6) JGC 1 1

 JGC
Jeetender Gupta & Co.
(Advocates & Legal Consultants)

Media Links (List Not Exhaustive):

Tehelka (07.04.2020)
Legal obligations to pay wages during a lockdown
http://tehelka.com/legal-obligations-to-pay-wages-during-a-lockdown/

Outlook (11.04.2020)
Industry likely to seek subsidy to provide wages for workers during lockdown
https://www.outlookindia.com/newsscroll/industry-likely-to-seek-subsidy-to-provide-wages-
for-workers-during-lockdown/1798672

Bar and Bench (27.04.2020)

Supreme Court grants Centre two weeks to show how it will implement MHA order directing
payment of full wages during COVID-19 lockdown
https://www.barandbench.com/news/supreme-court-grants-centre-two-weeks-to-show-
how-it-will-implement-mha-order-directing-payment-of-full-wages-during-covid-19-
lockdown

Times of India (08.05.2020)

Should voluntarily absenting workers be paid wages, ask MSME
https://timesofindia.indiatimes.com/india/should-voluntarily-absenting-workers-be-paid-
wages-ask-msmes/articleshow/75634166.cms

Scroll (08.05.2020)
Modi’s asked Indian firms to ‘be kind’ amid lockdown but many workers have not been paid
their wages
https://scroll.in/article/961280/pm-modis-request-to-employers-to-be-kind-amid-lockdown-
has-been-of-little-help-to-workers

Economic Times (16.05.2020)

SC says no action for now against employers who don't pay full wages during lockdown
https://economictimes.indiatimes.com/news/politics-and-nation/sc-stays-mha-order-on-
paying-full-wages-during-lockdown/articleshow/75754751.cms

Bar and Bench (04.06.2020)

Employers not willing to pay wages during Lockdown cannot cite financial incapacity to
challenge Govt Notification: MHA tells Supreme Court
https://www.barandbench.com/news/litigation/employers-not-willing-to-pay-wages-
lockdown-cannot-cite-financial-incapacity-mha-tells-sc

Live Law (04.06.2020)

There Has To Be Some Proportionality; It's A Disaster For Us Too' : Employers On MHA
Order For Full Payment Of Wages
https://www.livelaw.in/top-stories/there-has-to-be-some-proportionality-its-a-disaster-for-
us-too-employers-on-mha-order-for-full-payment-of-wages-157816

The Telegraph (05.06.2020)

Protection for wage default stays
https://www.telegraphindia.com/business/coronavirus-lockdown-protection-for-wage-
default-stays/cid/1778542

Bar and Bench (12.06.2020)

Payment of Wages amid COVID-19: "No industry can survive without workers", Supreme
Court asks employers, employees to negotiate
https://www.barandbench.com/news/litigation/breaking-payment-of-wages-amid-covid-19-
no-industry-can-survive-without-workers-supreme-court-asks-employers-employees-to-
negotiate

(For Internal Circulation Only)

2020 (6) JGC 1 2