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

 The Order notes that the Court is of the view that for accessing any benefit percolating from any scheme framed by the Centre or States for the benefit of unorganized workers or migrant workers, registration of the workers is essential.

It has been recorded that while different registration processes exist under various statutory acts, no State has been able to give details pertaining to whether registration as a whole under Unorganised Workers Social Security Act, 2008, is complete.

"We are of the view that registration of unorganized workers should be completed as early as possible and there should be a Common National Database for all organized workers situated in different States in the entire country and we are of the view that process which has been initiated by Ministry of Labour and Employment for creating a National Database for Unorganised Workers should be completed with collaboration and coordination of the States, which may serve registration for extending different schemes by the States and Center", the Court said.

The Court also noted that the Unorganizaed Workers Social Security Act has been repealed by the Social Security Code enacted last year.

The Court has further stated that Section 112 of the Code of Social Security, 2020 contemplates the registration of unorganized workers, gig workers and platforms. Accordingly, the Order states that instructions need to be obtained by the Solicitor-General pertaining to the steps taken regarding the same.

"We also impress upon the Central Government and the State Government to complete the process of registration of organized workers at an early date so that unorganized workers are able to reap the benefit of different schemes of the Centre and the States, which without proper registration and identity card seems to be difficult to implement on the ground."

In wake of the above, the Court has directed that the Centre may file a detailed affidavit with regard to the same within a period of two weeks.

SUPERVISORY MECHANISM

The Court has stated that it is of the view that a suitable mechanism needs to be in existence to monitor and supervise as to whether the benefits of the welfare schemes are reaching the beneficiaries which may be from grassroot levels to higher authorities with names and places of beneficiaries so that the purpose of the schemes is achieved.

The Court also directed States and Union Territories to provide dry ration and community kitchens for migrant workers who are stranded due to the lockdowns imposed in the wake of the COVID pandemic.

Case Details

Case Title : In Re: Problems and Miseries of Migrant Workers, Suo Moto Writ Petition(Civil) No.06/2020

Bench : Justices Ashok Bhushan and MR Shah.

Citation : LL 2021 SC 259

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