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

A bench comprising Justices Ashok Bhushan and MR Shah observed that registration of migrant labours is an absolute necessity to ensure that schemes rolled out by the Centre/ States/ Union Territories for their benefit, trickle down to them.

However, it noted that despite several directions for making available a module to the States/Union Territories for the purpose of registration, no concrete steps have been taken by the Ministry. Further, the facts brought on record on behalf of States/Union Territories regarding steps taken by them are decipherable.

"When the unorganized workers are waiting for registration and are waiting to reap the benefit of various welfare schemes of the States and Centre, the apathy and lackadaisical attitude by the Ministry of Labour and Employment is unpardonable," the Bench remarked in this backdrop.

It noted that the direction for creation of a registration portal was made as early as on August 21, 2018.

Subsequently, the onset of the Covid-19 pandemic catalysed the urgency in the portal to be finalized and implemented, looking at the dire need of unorganized workers to receive the benefits.

"To provide access to the migrant workers to different Schemes of State Government and Central Government, registration is a must…It is only after registration of the workers that the States and the Centre shall be able to extend the benefits of the welfare schemes to them," the Top Court observed.

However, the attitude of Ministry of Labour and Employment in not completing the module shows that "the Ministry is not alive to the concern of the migrant workers and the non-action of the Ministry is strongly disapproved."

The development comes in Supreme Court's suo moto case "In Re Problems and Miseries of Migrants".

Registration Of Unorganized Workers Must Be Completed As Early As Possible : Supreme Court Directs Centre, States

The Top Court has impressed upon the Central Government as well as States and Union Territories to complete the portal for registration under National Database for Unorganised Workers project as well as implement the same, which by all means may commence not later than July 31, 2021.

"We direct the Secretary, Ministry of Labour and Employment to ensure that NDUW portal is finalized and implementation of the portal commences on or before 31.07.2021. Let Secretary of the Ministry of Labour and Employment file a report to that effect within a period of one month thereafter," the order stated.

The Court has also made it clear that after registration is complete, the correction and updating of the data should be always possible and which is part of the process.

"Unless the registration is complete, tall claims by all the States and Union that they have implemented various welfare schemes for the migrant workers and unorganized workers remain only on paper without giving any benefit to unorganized workers," the Division bench remarked.

The Centre had submitted that major technical and other operational issues had been resolved and development of the portal had commenced. However, the outbreak of Covid-19 severly impacted the development of the portal as many of the personnel associated with the project were affected with the virus.

The Labour Ministry nevertheless claimed that the National Informatics Centre has been tasked to prepare the NDUW Portal at the earliest, preferably in the next 3 to 4 months to the State/UT Governments. Further, a Comprehensive Action Plan is being prepared to monitor the registration work in an effective manner.

Unconvinced, the Top Court remarked, the stand taken by the Union of India does not commend it.

"No exception can be taken to the Central Government deciding to create NDUW portal for facilitating the States and Union Territories to register so that national Database of Unorganised Workers may become available," it observed.

Also Read: 'Fundamental Right To Life Under Article 21 Includes Right To Food & Other Basic Necessities': Read Supreme Court Directions In Migrants Case

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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