Bombay High Court: S.J. Kathawalla, J., while addressing a petition with regard to the non-payment of daily allowance to Kamgaars involved in COVID-19 duties, held that
in the present pandemic situation, when the Kamgaars who are admittedly fulfilling their responsibilities by carrying out COVID-19 related duties by risking their lives, it is necessary for one and all to adopt a humane approach towards these warriors of COVID-19.
Petition stated that contract workers ‘Kamgaars’ employed with respondent 1 were involved in Solid Waste Management, including day-to-day road cleaning and transportation of garbage. Few were also employed at Corporation Hospitals and cemetry cleaning duty.
Grievance of the petitioner was that though the Municipal Commissioner of the Navi Mumbai Municipal Corporation had sanctioned Rs 300 as daily allowance to the above mentioned workers and employees of Corporation, yet the same was not paid on the ground that they were contract labourers.
Court enquired from Corporations’ Advocate:
Why Corporation is not considering extension of the above-mentioned benefit to only those Kamgaars employed through the contractors, who are involved in COVID-19 related duties assigned by Corporation.
Corporation’s response
Since the Kamgaars are employed by the contractors to carry out the work of the Corporation under contracts executed by and between such contractors and the Corporation, the Kamgaars are not entitled to claim parity and receive the said allowance which the Corporation has agreed to pay to its officers and its workers, including the workers who are directly appointed by the Corporation on contract basis.
Court’s view
Corporations’ stand is unfair.
Some of the contract workers are carrying out COVID-19 related duties assigned by Corporation through contractors. Corporation’s circular makes it clear that with regard to the Rs 300 daily allowance to be paid to officers and its workers including the ones directly appointed by Corporation on contract basis.
Further the bench stated that, Kamgaars too, who are involved in COVID-19 related duties assigned by the Corporation through the contractors, are facing the very same difficulties as those faced by the officers and the workers of the Corporation, including the workers who are directly appointed by the Corporation on contract basis, and the Kamgaars are also “fulfilling their responsibilities by risking their lives”
the risk taken by the employees / workers / Kamgaars in carrying out COVID- 19 related duties for the Corporation cannot be differentiated / distinguished on their employment being directly with the Corporation or through the contractors.
“To say the least, this would be an extremely unfair and unjust yardstick to use, to value human lives differently.”
Interim Order of the Court
Payment of special allowance to the certified contract workers shall be made on the basis of their attendance. Allowance shall be paid without prejudice to the rights and contentions of the parties.
Next grievance of the Petitioner Sangh / Union is that the Central Government, vide its Press Conference conducted by the Finance Minister of India on 26th March, 2020, had announced a Special Insurance Scheme that would cover the Kamgaar working as Safai Karmacharis, ward boys, nurses, ASHA workers, paramedics, technicians, doctors and specialties and other health workers, as well as workers at Government Health Centres and Wellness Centres. However, the Corporation has not accepted that the said Scheme is also applicable to the workers of the Petitioner Sangh/ Union.
Advocate appearing for the Corporation states that the insurance claims would be certified by the Corporation in respect of all contractual workers working in health care facilities, irrespective of numbers, provided they are in direct contact and / or care of COVID-19 patients. The statement is accepted.
For further Orders, matter to be listed on 12th June, 2020. [Samaj Samata Kamgaar Sangh v. Navi Mumbai Municipal Corpn., 2020 SCC OnLine Bom 670, decided on 27-05-2020]
