Kerala High Court Seeks Response From Centre, State On KeLSA's Plea Seeking Compulsory Registration Of Migrant Workers

The Kerala High Court has sought the response of the Central and State Governments on a plea seeking compulsory registration of migrant workers employed in the State. 

The matter is before the Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun. 

The present Public Interest Litigation (PIL) filed by the Kerala State Legal Services Authority (KeLSA) avers that such compulsory registration is essential for the purpose of regulation and grant of benefits to migrants under various welfare schemes and measures of the Government and allied agencies, as well as to prevent recurrence of events such as the recent gruesome rape and murder of a girl child in Aluva. 

A 5 year old girl child from a migrant labourer family hailing from Bihar, had gone missing on July 28, 2023. She was later found strangulated and dumped into a waste yard in Aluva market. The police arrested accused Asafaq Alam, also a migrant labourer, in a highly inebriated condition on the same day.

The petitioner avers that although the High Court had, in 2020, directed the State and the authorities to take steps to gather full details, identity and other information of migrant labourers and consider framing appropriate legislation/ rules with respect to their stay and management, no such steps were forthcoming.

The petitioner submits that although the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 provides for registration of migrants employed in an establishment, its application is limited to establishments employing 5 or more migrant workers employed through a contractor from a distinct State, thereby excluding those employed directly by the employer or those employed through a contractor from the same State wherein the establishment is situated.

The petitioner adds in this regard that Section 21 of the Occupational Safety, Health and Working Conditions Code, 2020 which seeks to repeal the Act of 1979, compels the Central and State Governments to collect, compile and analyse occupational safety and health statistics as well as to maintain a database or record for inter-State migrant workers, electronically or otherwise as may be prescribed by the Central Government. The provision further enables an inter-State migrant worker to register himself as such on such portal on the basis of self-declaration and Aadhaar.

The petitioner avers however, that since the 2020 Code has not been notified so far, the provisions pertaining to collection of data and registration of inter-State migrant workers have also not been effectuated. 

"In the backdrop of the failure thereof of the respondents, more so, when legislation like “The Occupational Safety, Health and Working Conditions Code 2020” incorporating provisions for compulsory registration of migrant workers/labourers is already enacted by Parliament in its wisdom, but not brought into force, for other reasons, reckoning the imminent need and necessity of compulsory registration of migrant workers/labourers; it is only appropriate that this Hon’ble Court intervenes in directing the 6th respondent to enforce the provisions in Section 21 of 'The Occupational Safety, Health and Working Conditions Code 2020' mandating collection of data and registration of the inter state migrant workmen or even consider enforcing the provisions thereof," the plea states. 

As an interim measure, the petitioner seeks the issuance of a direction to the respondent-authorities to cause compulsory registration of migrant workers employed in the State with collection of their data, by issue of guidelines in line with legislative intent enacted in the 2020 Code, pending disposal of the plea. 

The petitioner further seeks the respondents to forthwith ensure compulsory registration of migrant workers engaged in any jobs in the State, either through Department of Labour or Local Self Government Institutions and issue of official Identity Cards through Department of Labour to all registered migrant workers/labourers thereof, with biometric information and their permanent address incorporated therein, and to further restrain the employment of such workers in violation of the same. The plea also seeks appropriate penalty to be imposed on employers for violation of the same. 

Additionally, the petitioner seeks the issuance of a direction to the respondent to ensure that all registered migrant workers and labourers are afforded the benefits under and in terms of the welfare measures and schemes introduced for migrant workers and labourers. 

The matter has been posted for further consideration on September 11, 2023. 

The PIL has been moved through Advocates B. Ashok Shenoy, P.S. Gireesh, Arjun R. Naik, and Thejalakshmi R.S.

Case Title: Kerala State Legal Services Authority v. State of Kerala & Ors. 

Case Number: W.P. (C) 28063/ 2023