Action Plan Formulated To Inspect Factories, Interview Workers: Maha Govt To Bombay HC In Suo Moto Plea On Exploitation Of Migrant Workers In Sugar Belt

“The Labour Department has formulated an action plan for the time-bound implementation of various labour laws for the upcoming season of 2023...The Government of Maharashtra will ensure the effective implementation of labour laws as applicable through the implementing machinery, which will be controlled and monitored by a Division Level Committee under the Chairmanship of the Divisional Officer of the Labour Commissioner’s office”, according to State government’s response in a suo moto writ petition regarding the exploitation suffered by migrant sugar factory workers from Marathwada region in the State’s sugar belt.

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif S Doctor asked the State to form a temporary committee comprising of members from all the relevant departments and authorities with one nodal officer to file replies and instruct advocates in the suo moto petition and posted the matter on next Tuesday.

Senior Advocate Mihir Desai and Advocate Pradnya Talekar, appointed to assist the court, have filed a petition seeking recognition of migrant workers as “workmen” and their protection under all beneficial legislations.

Advocate General Birendra Saraf on Tuesday submitted the State’s response to the petition stating that migrant sugar factory workers in Maharashtra's sugar belt are workmen, and are entitled to protection. As per the affidavit by the Deputy Commissioner of Labour, the government established Gopinath Munde Sugarcane Labour Welfare Corporation Ltd. in a meeting last week has decided to form state and district level committees to periodically review the schemes and government initiatives for sugar factory workers.

Under the Labour Department’s action plan, every factory will be inspected along with interviews with every worker regarding welfare facilities, working conditions, health and safety, wages, identity cards, advances, temporary housing, sanitation facilities, and creche etc.

The Assistant Commissioner of Labour has to ensure that the factory management complies with the inspection remarks, as per the plan. The District Head/Assistant Commissioner of Labour also has to visit the factory and the premises where sugarcane cutting workers are working and conduct an awareness program regarding their rights under various labour laws and welfare schemes.

The State’s affidavit also reveals that out of about 7-8 lakh migrant workers in the State, only 72,699 workers have received ration card portability under the ‘one nation one ration card’ scheme.

The petition states that women workers do not get maternity benefits in the sugar factories. It further highlights the lack of mechanism for protection of women from sexual harassment. The affidavit states that the Sugar Commissioner will “coordinate with the Women and Child Development Department and Home Department and take proactive steps to create awareness and to take preventive measures to avoid any incidence of sexual exploitation of women workers”.

The petition also seeks strict implementation of the Inter-State Migrant Workmen Act, 1979. According to State’s affidavit, no sugar factory in Maharashtra is registered as a principal employer under the Act, and no contractor/agent/manager/mukadam has obtained a license as a contractor. The applicability of the Act depends on whether or not the workers are recruited by or through a contractor and brought from one State to another which will be ascertained by interviewing the workers, as per the affidavit filed by the State.

The Sugar Corporation has decided to provide insurance to the sugarcane factory workers for accidental death, loss of both the limbs, loss of eyesight, permanent disability, hospitalization, insurance cover for the tenement, and loss of bullock, the affidavit states.

As per the petition, the workers are caught in a cycle of exploitation, with their continuous movement and lack of stability making it difficult for them to organize and assert their rights. Further, despite there being ample sugar factories in each district that can provide employment to the local workers, the sugar factories intentionally discourage this.

The petition seeks a field survey in Marathwada and Vidarbha conducted by an independent expert body or research institute to create reliable data regarding the number of migrant workers, their social background, their income, assets, history of transfer of the assets, medical history, the number of registered crimes by or on them, incidents of exploitation, literacy, and education of children. The petition also seeks direction to the State to form a policy to permit sugar factories to employ migrant workers on the condition that local workers are unavailable/insufficient.

Case no. – SMWP/1/2023

Case Title – High Court on Its Own Motion v. State of Maharashtra and Ors.