The Final Blow

Rajnish Maniktala
Senior Advocate, HP High Court, Shimla

Volume III, Issue III, 2020

The workmen were the most affected class during the outbreak of Corona virus. They were deprived of food, shelter and employment and underwent untold miseries at unprecedented scale. They were battered in all respects – physically, mentally and financially. They suffered severe blows to their health. At this important juncture, when a healing hand was required to be extended to them, many state governments came out with statutory notifications or other instruments relaxing the applicability of labour laws for different periods. One such provision was forcible working (as opposed to voluntary) for twelve hours in place of normal eight hours working day. This paper examines the legal validity of notification issued under section 5 of the Factories Act, 1948 whereby the compulsory working hours for workmen were increased from eight to twelve.


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