Supreme Court Directs States/UTs To Strictly Implement Inter-State Migrant Workmen Act 1979

The Supreme Court has directed all the States/Union Territories to register all establishments and license all contractors under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.

Non implementation of the Act adversely affects the rights of migrant workers, the bench comprising Justices Ashok Bhushan and MR Shah said in the judgment passed in migrants case.

The bench issued the above direction after it noted that though 1979 enactment has been implemented by several States but neither there is proper licensing of contractors nor registration of establishments. The court noted that the 1979 Act was passed with a very laudable object protecting migrant workers from large number of ill-practices.

"We direct all the States/Union Territories to register all establishments and license all contractors under the Act, 1979 and ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with", the Court directed.

Chapter II of the 1979 Act deals with registration of establishments employing inter-State Migrant Workmen. It is provided that no principal employer of an establishment shall employ inter-State migrant workmen in the establishment unless a certificate of registration in respect of such establishment is issued under the Act. Chapter III, which deals with licensing of contractors, provides that a licence under sub-section (1) may contain the terms and conditions of the agreement or other arrangement under which the workmen will be recruited, the remuneration payable, hours of work, fixation of wages and other essential amenities in respect of the inter-State migrant workmen are to be included. Section 12 provides for duties and obligations of contractor. Section 12(1)(a) provides that it shall be the duty of every contractor to furnish such particulars and in such form as may be prescribed, to the specified authority in the State from which an inter-State migrant workman is recruited and in the State in which such workman is employed, within fifteen days from the date of recruitment, or, as the case may be, from the date of employment.

The bench also noted that, Rules namely "the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980, also provide that every contractor has to furnish to the specified authorities the particulars regarding recruiting and employment of migrant workmen in Form X (This contains various details pertaining to the migrant workmen)

"A legislation which has been enacted by the Parliament as a welfare measure for the migrant workers needs to be strictly implemented. The affidavits filed on behalf of different States and Union Territories does not give any facts and figures pertaining to implementation of the Act. Non implementation of the Act adversely affects the rights of migrant workers. We, thus, are of the view that a direction need to be issued to the States/Union Territories to register all establishments and license all contractors under the Act and ensure that statutory duty imposed on the contractors to give particulars of the migrant workers is fully complied with. The competent authority while registering the establishments and granting license to the contractors may also impose conditions pertaining service condition, journey allowance and other facilities as set out in Chapter V of the Act.", the bench observed.

Case: RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS [SMWP(C) 6/2020]

Coram: Justices Ashok Bhushan and MR Shah

Citation: LL 2021 SC 274

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Also from the judgment :

States Must Implement 'One Nation, One Ration Card' Scheme By July 31; Run Community Kitchens For Migrants : Supreme Court

Apathy And Lackadaisical Attitude Of Union Labour Ministry On The Concerns Of Migrant Workers Unpardonable : Supreme Court