The Delhi High Court has rejected a plea of civilian cooks working in the kitchen at the Air Force stations to be treated as ‘COVID-19 warriors’ and the benefits that comes with it.
“We are also unable to see as to how the civilian cooks of the Air Force who are during the hearing described as Group ‘C’ non-industrial employees of the Air Force, are entitled to be treated as ‘COVID-19 warriors’ and entitled to benefits thereof,” a Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon said. The court order came on a petition by the All India Air Force Civilian Cooks Association, contending that they thus, being forced to stay away from their homes for 28 days in a month and out of which, for 14 days their services are not utilised, by keeping them quarantined.
“While working in the kitchen at the Air Force stations, the members of the petitioner cannot be said to be exposed to COVID-19, to claim themselves to be “frontline workers” as the counsel for the petitioner argues,” the court remarked.
The association had stated that during the pandemic, the cooks are being made to reside at the station of their posting and a roster of 14+14+7 is being followed — for the first 14 days they are kept in quarantine; for the next 14 days they are made to work as cooks and thereafter they are given 7 days at home in which they visit their respective residences.
The association argued that that the cooks are not being treated as ‘Corona Warriors’ and being thus not conferred benefits to which ‘Corona Warriors’ are entitled.
“It appears to us that the petition has been filed without regard to the prevalent circumstances and the large scale loss of employment and resultant hardships being faced by those without assurance of employment,” the court remarked.
“The members of the petitioner though having surety of employment are making grievances of inconveniences allegedly being suffered by them, again forgetting that the members of the petitioner, as cooks, if permitted to return to their respective residences after duty hours every day, are likely to bring with them the COVID-19 infection, when reporting back for duty, endangering the personnel of the Air Force,” the court said.
“They cannot thus seek enforcement of employment terms as in normal time, when the entire country is going through abnormal times,” the high court said while dismissing their plea.
The court, however, asked the government to look in the issue of the cooks, who are being made to reside at the Air Force Stations, being charged for their meals.