Taking cue from the recent migrant crisis during the COVID-19 pandemic, the Delhi High Court has ordered the Central and Delhi government to submit a report showing the details of actions taken against ‘contractors’ and ‘employers’ for violation of service conditions of the migrant workers.
Justice Prathiba M. Singh gave the direction while hearing Shashank S. Mangal’s petition seeking proper implementation of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (ISMW) Act, 1979 in the Capital.
The ISMW Act has various provisions that are essential for the overall well-being of workmen. It imposes a duty upon the contractor, employing inter-State migrant workmen, to provide for hygienic living conditions, proper food arrangement, medical facilities, protective clothing, regular payment of wages etc.
Journey allowance
It also stipulates payment of a ‘Journey allowance’ from the place of residence of the workman to the place of work in another State. The outward and return journeys are the responsibility of the contractor or the employer.
The Delhi government submitted that the Rules under the ISMW Act have been notified in the Capital. It said the Registering Officers, Licensing Officers, Appellate Officers and Inspectors have been appointed by the Delhi government.
The Central government’s counsel sought time to place the details of such appointments on its part by next date of hearing.
Justice Singh, however, pointed out that apart from the appointments of the officers, it was also important that the actual data pertaining to the migrant workmen are being collected.
“The recent crisis which the country has witnessed with respect to migrant workmen shows that for the effective enforcement and implementation of the Act, there is an immediate need for proper data to be always available so as to ensure that steps can be taken in a timely and adequate manner, especially in times of a pandemic such as COVID-19 or in any other form of emergent situation,” Justice Singh said.
The integration of the date between the Central government and the State governments is also necessary, the court ruled directing both Centre and Delhi government to submit in an affidavit the data on migrant workers as available with them as of June 1, 2020.
The report should highlight the procedure currently being followed for contractors or employers to register migrant workers as also what are the procedures being followed for ensuring compliance.
Apart from number of establishments which are currently registered under the ISMW Act, the report will also show the number of actions taken against ‘contractors’ and ‘employers’ for contravention of provisions of the Act since 2010, the High Court said.