Delhi High Court: Prathiba M. Singh, J., while addressing a matter with regard to protection of migrant workers, held that, there is dire need to create a mechanism for the registration of migrant workers, so that they can be protected and benefits of relevant Acts can be passed onto them.
Present petition was filed to seek the implementation of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
GNCTD pursuant to the last order of the Court placed on record an affidavit stating that as far as the the 1979 Act is concerned, there are no registered contractors under the said Act.
In so far as the registration of Migrant Workers under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, GNCTD had disclosed that there are various schemes which are available for construction workers.
Further it has been submitted that the registered workers under the above act have been disbursed financial assistance.
GNCTD also informed the Court that the Shramik helpline was made operational during the lockdown period to assist the migrants.
It is stated that no contractor or employer working in NCT Delhi has made any application for issue of registration or grant of a licence, under the 1979 Act. However, it is also mentioned that the Shram Suvidha portal of the Ministry enables online issuance of licences and registrations under the 1979 Act.
Thus, in view of the above Court stated that,
“… there is a dire need for creating a mechanism for registration of migrant workers.”
The said action has to be taken to ensure that migrant labour is adequately protected in terms of the Acts and benefits meant for them are passed to them
Court directed Union of India to file an affidavit in terms of the the kind of portal which is sought to be created, for the registration of migrant labour across the country. Such a portal ought to have on board all the state governments so that the ingress and egress of migrant labour is duly recorded and reported.
Matter to be listed on 22-07-2020. [Shashank S. Mangal v. GNCTD, 2020 SCC OnLine Del 677 , decided on 29-06-2020]