In Brief
The Supreme Court struck down two notifications issued by the State of Gujarat exempting all factories from provisions of the Factories Act regulating working hours and overtime pay during the COVID-19 pandemic. The Court held that such emergency powers under Section 5 of the Factories Act can only be invoked when a genuine 'public emergency' exists—defined as a grave emergency threatening national security through war, external aggression, or internal disturbance. The pandemic and economic slowdown, while serious, do not meet this threshold. The notifications were therefore invalid and violated workers' constitutional rights to life and freedom from forced labour by denying statutory overtime wages at double rates. The Court ordered reinstatement of full labour protections and payment of arrears to all eligible workers.
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