Why 4.5 Years To Frame Rules? Supreme Court Questions Delay In Implementing 2020 Code On Rights Of Gig Workers

The Supreme Court recently directed the Union to file an affidavit indicating the timeline in which the rules/scheme relevant to give effect to provisions of Chapter IX of the Code on Social Security, 2020, will be framed and given effect to. 

Chapter IX of the 2020 Code is specifically dedicated to rights and social security for unorganised workers, gig workers and platform workers. The Code received the assent of the President three years back in 2020. However, the relevant rules are yet to be framed. 

A bench of Justices Dipankar Datta and Manmohan passed the order on February 18 in a writ petition filed by the 'Indian Federation of App-based Transport Workers' pertaining to the rights of gig workers. 

When the matter was taken up for hearing, Senior Advocate Dr. S. Muralidhar, for the petitioner, submitted that in the recent budget speech, a whole paragraph was devoted to the rights of gig workers. However, it is still unclear whether the Unorganised Workers' Social Security Act, 2008 will apply to them.

Senior Advocate PS Patwalia(representing the parent company of Swiggy), argued that this is the first time the petitioner is arguing that it wants to be covered in the 2008 Act, whereas as per the petition, the argument was that the gig workers are covered in the 2020 Act. 

Dr. Muralidhar responded that the Code is yet to be enforced. To this, Patwalia stated that schemes under the 2020 Code are currently being implemented by the Labour Ministry in consultation with all stakeholders including the petitioner.

When Additional Solicitor General Aishwarya Bhati stated that the rules are being formulated for the 2020 Code, Justice Datta asked: "When can it be expected?...First pull up your socks." 

Justice Manmohan said: "Madam, only an astrologer can tell us when this new Code will come into force...Madam, are you willing to make a concession that they are covered even under 2008 Act?"

Bhati replied: "Mylords, 2020 Code is what is going to cover them comprehensively. Chapter X...States and UTs have formulated their draft Rules. Put it up in public domain."

On this, Justice Datta questioned the delay of 3 years. He said: "Madam, the President's assent was obtained on 29 September 2020. Four and a half years down the line...Why four and a half years to make the Rules?"

The Court will hear the matter after 2 weeks. 

Case Details: THE INDIAN FEDERATION OF APP -BASED TRANSPORT WORKERS, (IFAT) & ORS v. UNION OF INDIA & ORS.|Writ Petition(s)(Civil) No(s). 1068/2021

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