COVID-19| Transportation of migrant workers: Making Rules not enough; submit affidavit on steps taken: SC to all States/UTs

Supreme Court: The 3-judge bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has asked all States/UTs have to file affidavits on compliance of certain directions passed vide order dated 09.06.2020.

On 09.06.2020, the Court had directed all the States/Union Territories to take all necessary steps regarding identification of stranded migrant workers in their State which are willing to return to their native places and take steps for their return journey by train/bus. It has also issued other directions that included a direction to all States/UTs to make rules under the following 3 statutes:

  1. Inter­State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
  2. Construction Workers (Regulation of Employment and Conditions of Service) Act , 1996 and;
  3. Unorganized workers’ Social Security Act, 2008.

The Court had directed that short term and long term measures be taken under the newly framed Rules and a report be submitted to it. The Court, however, noticed

“Although several States have made rules under the above enactments but all necessary details regarding the steps taken by concerned States have not been brought on record.”

It, hence, directed that affidavit be filed by all the States/UTs indicating the steps taken by them with respect to above mentioned enactments within a period of three months.

In order dated 09.06.2020, the Court had also asked the concerned States and Union Territories to maintain record of all such migrant workers, who have arrived at different places. None of the States/Union Territories have, however, filed any affidavit giving details of the compliance of the aforesaid direction. Asking the States and UTs to file affidavits regarding the same within a period of three weeks, the bench said,

“The States are required to bring on record the mode and manner in which records of migrant labourers who have reached their native places are being maintained with their skill, nature of employment and other details.”

The Court made clear that the affidavits to be filed by States/Union Territories, details with regard to compliance of other directions as issued by this Court on 09.06.2020 be also detailed.

On Senior Advocate Dr. Abhishek Manu Singhvi’s  submissions on the issue of food security, health insurance for migrant labourers, presumption of work by migrant labourers and relaxation on insistence on registration, The Court said that it would consider the same after the necessary affidavits as indicated above are filed  by the States/Union Territories.

[IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS, 2020 SCC OnLine SC 613 , order dated 31.07.2020]


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