In a Suo Motu Writ Petition, the Hon’ble Supreme Court has issued a slew of directions to the States/UTs to ameliorate the hardships faced by the migrant/unorganised workers. In so far as the Inter-State Migrant Workers Act is concerned, the Hon’ble Supreme Court observed as follows:
“46………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 needs 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. ”
Members are requested to make note of the above and other directions issued by the Hon’ble Supreme Court of India and ensure that the Contractors engaged by them and who have employed Inter-State Migrant Workers comply with the provisions of the Inter State Migrant Workers Act, 1979.
Copy of the judgment