LAW FOR ALL : One of the groups, which were severally affected by the pandemic, was the migrant labouers. When Nationwide Lockdown was declared on 24.03.2020, after few days, there was huge exodus of the migrant labourers from their place of work to their native places. Two primary reasons which resulted in the exodus were cessation of employment due to lockdown and fear of the pandemic. When large number of migrant labourers started walking on highways on foot, cycles and other modes of transports without food and facing several untold miseries, this Court suo motu took cognizance of the problems and miseries of the migrant labourers by its order dated 26.05.2020 on which date, this Suo Motu Writ Petition had been registered.

Saturday, July 3, 2021

One of the groups, which were severally affected by the pandemic, was the migrant labouers. When Nationwide Lockdown was declared on 24.03.2020, after few days, there was huge exodus of the migrant labourers from their place of work to their native places. Two primary reasons which resulted in the exodus were cessation of employment due to lockdown and fear of the pandemic. When large number of migrant labourers started walking on highways on foot, cycles and other modes of transports without food and facing several untold miseries, this Court suo motu took cognizance of the problems and miseries of the migrant labourers by its order dated 26.05.2020 on which date, this Suo Motu Writ Petition had been registered.

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

SUO MOTU WRIT PETITION (CIVIL) NO.6 OF 2020

IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS

With

Writ Petition (C) No.916 of 2020

Bandhua Mukti Morcha …Petitioner

Versus

Union of India & Ors. … Respondents

J U D G M E N T

Ashok Bhushan, J.

1. The Worldwide Pandemic COVID-19 engulfed this

country in March, 2020 and continues till date changing

its face from time to time. Different mutations in the

virus have made it dangerous and fatal at times. The

pandemic had affected each and every person in the

world including all citizens of this country. The

pandemic has adversely affected all businesses

including the small scale businesses, industries,

markets and smallest of the person.

2. One of the groups, which were severally affected by

the pandemic, was the migrant labouers. When

Nationwide Lockdown was declared on 24.03.2020, after

few days, there was huge exodus of the migrant

labourers from their place of work to their native

places. Two primary reasons which resulted in the

exodus were cessation of employment due to lockdown and

fear of the pandemic. When large number of migrant

labourers started walking on highways on foot, cycles

and other modes of transports without food and facing

several untold miseries, this Court suo motu took

cognizance of the problems and miseries of the migrant

labourers by its order dated 26.05.2020 on which date,

this Suo Motu Writ Petition had been registered. We

had issued the notice to the Union of India and all

States / Union Territories and directed the learned

Solicitor General to assist the Court and by the next

date of hearing bring in the notice of the Court all

measures and steps taken by the Government of India and

to be taken in this regard.

3. In pursuance of our order dated 26.05.2020

affidavits were filed. Apart from filing of affidavit

by the Central Government, States/Union Territories,

few persons also filed intervention application in this

writ petition bringing into notice of this Court

several facts, figures and suggested different measures

for ameliorating the conditions of the migrant

labourers. One of the major issues, which, at that

time, was to be tackled by the States and Union

Territories was the transportation of migrant labourers

from their work place to their native places.

4. We had issued certain directions on 28.05.2020 and

thereafter issued further directions on 09.06.2020, in

paragraph 26 of which order, we noticed following:-

“26. As noted above, the State and Union

Territories in their affidavits have referred

to various measures, the orders and

guidelines issued by the Central Government,

the orders issued by the National Executive

Committee under the Disaster Management Act,

2005, policies and decisions taken by the

concerned States. The States and Union

Territories claimed to be following all

directions and policies and taking necessary

steps for running the relief camps, shelter

camps, attending the needs of food and water

of the migrants, attending the requirement of

transportation of migrant workers to their

native places. There can be no exception to

the policies and intentions of the State but

what is important is that those on whom

implementation of circulars, policies and

schemes are entrusted are efficiently and

correctly implementing those schemes. Lapses

and short-comings in implementing the schemes

and policies have been highlighted by various

intervenors in their applications and

affidavits. The responsibility of the

States/Union Territories is not only to

referring their policy, measures

contemplated, funds allocated but there has

to be strict vigilance and supervision as to

whether those measures, schemes, benefits

reaches to those to whom they are meant. We

impress on States and Union Territories to

streamline the vigilance and supervision of

actions of their officers and staff and take

appropriate action where required. We also

have no doubt that most of the officers,

staff of administration and police are

discharging their duties with devotion and

hard-work but the lapses have to be taken

note of and remedial action be taken. We

further notice from the materials on record

that police officers of States, para-military

forces wherever deployed are doing

commendable job but some instances of excess

with regard to migrant labourers are also

there. The migrant labourers, who were forced

to proceed to their native place, after

cessation of their employment are already

suffering. The Financial difficulty being

with all the migrant labourers invariably

they have to dealt by the police and other

authorities in a humane manner. The concerned

Director General of Police/Police

Commissioner may issue necessary directions

in this regard.”

5. Further eight directions were issued by this Court

by Order dated 09.06.2020, which were to the following

effect:-

“35. We, thus, in addition to directions

already issued by our order dated 28.05.2020

and measures as directed above, issue

following further directions to the Central

Government, all States and Union Territories:

(1) All the States/Union Territories

shall 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 which

process may be completed within

a period of 15 days from today.

(2) In event of any additional

demand, in addition to demand of

171 Shramik trains, as noticed

above, railway shall provide

Shramik trains within a period

of 24 hours as submitted by

learned Solicitor General to

facilitate the return journey of

migrant workers.

(3) The Central Government may give

details of all schemes which can

be availed by migrant workers

who have returned to their

native places.

(4) All States and Union Territories

shall also give details of all

schemes which are current in the

State, benefit of which can be

taken by the migrant labourers

including different schemes for

providing employment.

(5) The State shall establish

counselling centres, help desk

at block and district level to

provide all necessary

information regarding schemes of

the Government and to extend

helping hand to migrant

labourers to identify avenues of

employment and benefits which

can be availed by them under the

different schemes.

(6) The details of all migrant

labourers, who have reached

their native places, shall be

maintained with details of their

skill, nature of employment,

earlier place of employment. The

list of migrant labourers shall

be maintained village wise,

block wise and district wise to

facilitate the administration to

extend benefit of different

schemes which may be applicable

to such migrant workers.

(7) The counselling centres,

established, as directed above,

shall also provide necessary

information by extending helping

hand to those migrant workers

who have returned to their

native places and who want to

return to their places of

employment.

(8) All concerned States/UTs to

consider withdrawal of

prosecution/complaints under

Section 51 of Disaster

Management Act and other related

offences lodged against the

migrant labourers who alleged to

have violated measures of

Lockdown by moving on roads

during the period of Lockdown

enforced under Disaster

Management Act, 2005.”

6. In pursuance of our directions dated 09.06.2020,

all States/Union Territories took steps and within a

short period, migrant labourers were transported to

their native places. On 31.07.2020, the matter was

again heard. We, in our order dated 09.06.2020, had

referred to following three enactments:-

i) Inter-State Migrant Workmen (Regulation of

Employment and Conditions of Service)Act, 1979;

ii) Construction Workers (Regulation of Employment

and Conditions of Service) Act, 1996; and

iii) Unorganized Workers’ Social Security Act, 2008.

7. We had directed all the States to file their

response in respect to implementation of the aforesaid

three enactments. On 31.07.2020, we further granted

three weeks’ time to the States to file affidavit in

compliance to order dated 09.06.2020. In pursuance of

our orders dated 09.06.2020 and 31.07.2020, Central

Government, States and Union Territories took various

measures to implement the orders of this Court and to

remedy the grievances of the migrant labourers. The

measures taken by different Governments although could

not fully ameliorate the conditions of the migrant

labourers but brought some solace in the first wave of

pandemic and willing migrant labourers reached their

native places. It has also been submitted that after

few months, large number of migrant labourers again

proceeded to their work place in search of employment

since at their native place, they were not able to get

suitable employment to sustain themselves.

8. The Covid-19, which was declared pandemic by World

Health Organisation on 30th January, 2020 continues even

today. The intensity of the pandemic varied from time

to time, after March, 2021, the second wave of pandemic

hit the country and the number of cases started

increasing throughout the country. The different

States including NCT Delhi took different measures

including restrictions, night curfews and lockdown in

April, 2021. There has been the migrant workers

working at several places including NCT Delhi, State of

Maharashtra, State of Gujarat, State of Karnataka, who

again started proceeding to their native places fearing

the same situation which occurred in first nationwide

lockdown, which was imposed in March, 2020. An I.A.

No.58769 of 2021 was filed in the writ petition seeking

directions from the Court specifically praying for

direction to distribute dry ration to migrant workers,

facilitating their transport either by road or by train

to their native places and with request to direct for

running of community kitchen for migrant labourers so

that they and their family members could get two meals

a day.

9. On 13.05.2021, we while entertaining the petition

and asking the few States for reply, issued following

interim directions:-

“[2.0] After having heard learned counsel for

the parties we direct the Central Government

as well as the Government of State of NCT of

Delhi, State of U.P. and State of Haryana

(for the Districts included in the NCR) to

file a reply to the application suggesting

means and measures by which they shall

ameliorate miseries of stranded migrant

labourers. We also issue notice on the

application to State of Maharashtra, State of

Gujarat and State of Bihar to file their

reply giving the details of the measures

which they propose to take to ameliorate the

miseries of migrant workers regarding

transportation of stranded migrant workers

and providing dry ration as well as cooked

meals to the stranded migrant workers. In the

meantime, 7 we issue following interim

directions:

(1) Dry ration to migrant workers in

National Capital Region under Atma

Nirbhar Bharat Scheme or any other

scheme be provided by the Union of

India, NCT of Delhi, State of U.P.

and State of Haryana utilising the

Public Distribution System prevalent

in each State with effect from May,

2021. While providing dry ration the

authorities of the States shall not

insist on an identity card for those

migrant labourers who do not possess

for the time being and on selfdeclaration made by the stranded

migrant labourers dry ration be given

to them.

(2) NCT of Delhi, State of U.P. and

State of Haryana (for the Districts

included in the NCR) shall ensure

that adequate transport is provided

to stranded migrant labourers (in the

National Capital Region) who want to

return to their home. The District

Administration in coordination with

Police Administration may identify

such stranded migrant labourers and

facilitate their transport either by

road transport or train. The Union of

India may also issue necessary

instructions to Ministry of Railways

to take necessary and adequate

measures to cater the need of migrant

labourers.

(3) NCT of Delhi, State of U.P. and

State of Haryana (for the Districts

included in the NCR) shall open

community kitchen at welladvertised

places (in the National Capital

Region) for stranded migrant

labourers so that they and their

family members who are stranded could

get two meals a day.”

10. Subsequent to the order dated 13.05.2021, the

matter was again heard by this Court on 24.05.2021 and

in paragraphs 14 and 15, we had made following

directions:-

“14. The Union of India in its letter dated

26.04.2020, which has been brought on record

as Annexure R-14 has also stated that efforts

should be made by States/Union Territories to

encourage migrant NFSA beneficiaries to use

the facility of portability under One Nation

One Ration Card (ONORC) to those migrants.

15. We, thus, direct that migrant workers

wherever stranded throughout the country

should be provided the dry ration under the

Atma Nirbhar Scheme or any other scheme is

found suitable by the States/Centre.”

11. The writ petition again came for hearing before

this Court on 11.06.2021, on which day, after hearing

learned counsel for the parties including learned

counsel for the intervenors, we closed the hearing.

12. We have heard Shri Tushar Mehta, learned Solicitor

General for India, Shri Dushyant Dave and Shri Colin

Gonsalves, learned senior counsel for applicants. We

have also heard learned counsel for the different

States/Union Territories.

13. According to survey carried out by National

Statistics Office (NSO) in 2017-2018, there are around

38 crores workers engaged in the unorganized sectors.

Thus, the number of persons in the unorganized sector

is more than 1/4th population of the entire country.

These unorganized workers did not have any permanent

source of employment and have engaged themselves in

small time vocations and occupations at various places

away from their native places. Contributions of these

labourers towards different projects, industries, make

considerable additions in the economic development of

the country.

14. Our Constitution enjoins that the ownership and

control of the material resources of the community are

for promoting welfare of the people by securing social

and economic justice to the weaker section so as to

sub-serve the common good to minimize inequalities in

income and endeavour to eliminate inequality in status.

15. Both, in the first and the second wave of the

pandemic, migrant workers had been exposed to financial

and other forms of hardships due to their limited

access and claim to the welfare resources offered by

the States/Union Territories. The migrant labourers

are particularly vulnerable to the economic regression.

A Constitution Bench of this Court in National Textile

Workers’ Union and Others Vs. P.R. Ramakrishnan and

Others, (1983) 1 SCC 228 while dealing with the right

of workmen of company had made weighty observations

regarding the nature of labour which is put by the

workers while working in a company. The observations

made by the Constitution Bench are more pertinent in

respect to unorganized workers, who do not even have

consistent and regular employment. Bhagwati, J.

speaking for the majority in paragraph 6 of the

judgment observed:-

“6. …………………………….The workers therefore have a

special place in a socialist pattern of

society. They are no more vendors of toil;

they are not a marketable commodity to be

purchased by the owners of capital. They are

producers of wealth as much as capital. They

supply labour without which capital would be

impotent and they are, at the least, equal

partners with capital in the enterprise. Our

Constitution has shown profound concern for

the workers and given them a pride of place

in the new socio-economic order envisaged in

the Preamble and the Directive Principles of

State Policy. The Preamble contains the

profound declaration pregnant with meaning

and hope for millions of peasants and workers

that India shall be a socialist democratic

republic where social and economic justice

will inform all institutions of national life

and there will be equality of status and

opportunity for all and every endeavour shall

be made to promote fraternity ensuring the

dignity of the individual. Everyone is

assured under Article 14 equality before the

law and equal protection of the laws and

implicit in this provision is the guarantee

of equal remuneration for men and women for

same work or work of a similar nature.

…………………………………………….”

16. When the migrant labourers form more than 1/4th

population of the country, all Governments/authorities

have to take special care regarding welfare of these

migrant workers/labourers. The Parliament has enacted

various legislations to safeguard the interest and

welfare of the migrant labourers, which we shall notice

hereinafter.

17. The Right to Life as guaranteed by Article 21 of

the Constitution gives right to every human being to

live a life of dignity with access to at-least bare

necessities of life. To provide food security to

impoverished persons is the bounden duty of all States

and Governments. The Parliament with object to provide

food and nutritional security in human life cycle had

enacted the National Food Security Act, 2013. In

paragraph 3 of the Statement of Objects and Reasons of

the Act, following was stated:-

“3. Ensuring food security of the people,

however, continues to be a challenge. The

nutritional status of the population, and

especially of women and children, also needs

to be improved to enhance the quality of

human resource of the country. The proposed

legislation marks a paradigm shift in

addressing the problem of food security—from

the current welfare approach to a right based

approach. Besides expanding coverage of the

Targeted Public Distribution System, the

proposed legislation would confer legal

rights on eligible beneficiaries to receive

entitled quantities of foodgrains at highly

subsidised prices. It will also confer legal

rights on women and children to receive meal

free of charge.”

18. Those who have been identified as beneficiary under

National Food Security Act, 2013 are provided dry

rations as per the Centre and States’ Schemes. In

event, a migrant labour is covered under the National

Food Security Act, 2013 and had been issued a ration

card under the Act, he is entitled to access the dry

ration wherever he is, at his work place also, in

accordance with scheme of the Central Government namely

“One Nation One Ration Card”.

19. Before us, in these proceedings, learned counsel

appearing for applicants/intervenors have raised

concerns regarding non-supply of dry ration to large

section of migrant workers, who are not covered under

the National Food Security Act, 2013 and who does not

possess ration card.

20. Both the Central Government and the State

Governments have floated various schemes for

unorganized workers, building and construction workers

but sad picture of the ground reality is that large

number of beneficiaries are deprived from access to

these welfare schemes of the Central Government or the

State Governments. In this petition, we had issued

various directions earlier regarding the registration

of unorganized workers but the progress has not been

satisfactory rather shows lethargy on the part of the

concerned Government.

21. From the affidavits, which have been filed by the

States, it is clear that in most of the States, the

stranded migrant labourers, who wanted to go to their

native places during the second wave of the pandemic

have been facilitated by the concerned State Government

as per our directions issued from time to time in this

writ petition. Thus, no further directions are

required in respect to facilitating the transportation

of migrant workers.

22. The main subjects with which we are concerned in

this proceeding are:-

(i) Entitlement of dry ration by migrant workers

who are not covered by the National Food

Security Act, 2013 and who does not possess a

ration card;

(ii) The implementation of “One Nation One Ration

Card” by States and Union Territories;

(iii) Coverage of Rural and Urban population under

National Food Security Act, 2013;

(iv) The Inter-State Migrant Workmen (Regulation

of Employment and Conditions of Service)Act,

1979, its working and implementation;

(v) The registration of unorganized workers’

(a) under the legislations namely 1996 Act

and 2008 Act and the steps taken by

different State Governments in the above

regard;

(b) The project – National Database for the

Unorganised Workers (NDUW) of Ministry

of Labour and Employment, Government of

India; and

migrant labourers to different welfare

schemes of the Central Government and

the State Governments.

(vi) Community Kitchen for Migrant Labourers by

States/Union Territories; and

(vii) Direct Bank Transfer to unorganized workers.

(i) Dry Ration to Migrant Workers

23. Shri Dushyant Dave and Shri Colin Gonsalves,

learned senior counsel have submitted that migrant

workers are great sufferers in this pandemic and those

who do not possess any ration card are entitled to dry

ration. It is submitted that the Central Government

itself in the first wave of pandemic has provided dry

ration for two months, i.e., May and June, 2020 under

Atma Nirbhar Bharat Scheme. The submission is that the

Central Government needs to extend the Atma Nirbhar

Bharat Scheme in view of the second wave of the

pandemic. The Union of India has filed affidavits dated

23.05.2020 and 09.06.2021. In the affidavit dated

09.06.2021, in paragraphs 4 and 8, following has been

stated: -

“4. It is further submitted that, the Atma

Nirbhar Bharat Scheme was valid for only May

and June, 2020. However, vide this

Department’s letter dated 20.05.2021

States/UTs, have been advised that they may

use the various other schemes

launched/renewed as detailed above, to get

additional quantities of foodgrains at

subsidized rates, as per the need, from the

FCI, for distribution to selected target

groups including other migrants/stranded

migrants, as per locally assessed

requirements.

8. It is respectfully submitted that, in view

of the situation arising due to spread of

COVID-19 pandemic during last year, under

Atma Nirbhar Bharat Package(ANBP), the

Department of Food and Public Distribution

(DFPD) vide letter dated 15.05.2020 had

liberally allotted about 8 Lakh Metric Tonne

(LMT) of additional food grain (4LMT per

month, i.e. around 10% of monthly NFSA

allocation) covering all the States/UTs for

migrants/stranded migrants @5Kg per person

per month free of cost for a period of two

months(May and June, 2020). It is stated

that, both migrants and stranded migrants

were covered under the scheme, subject to the

condition that such migrants/stranded

migrants are neither covered under NFSA nor

have they been issued State Scheme PDS Cards

by the State/UT, in which they were at that

time. However, States/UTs later come out with

approximate requirements for about 2.8 crore

total migrant/stranded migrant population.

The responsibility for identifying such

migrants/stranded migrants was given to the

respective States/UTs…..”

24. Those migrant workers, who possess the ration card

and are covered under the National Food Security Act,

2013 can avail the dry ration utilising their card even

in the State where they have migrated for work. Real

difficulty arises with regard to migrant workers who do

not possess any card issued under National Food

Security Act or even by respective States. There is a

large number of such migrants who do not possess any

card. Their above disability is due to their poverty

and lack of education but the State cannot abdicate its

duty towards such persons, especially in the wake of

the pandemic and the events where large numbers of

migrant workers are not able to get jobs which may

satisfy their basic needs.

25. The affidavit of Union of India indicates that

under Atma Nirbhar Bharat Scheme, which was issued by

the Department of Food and Public Distribution,

migrants/stranded migrants were covered and 5 Kg per

person per month free of cost dry ration for a period

of two months was given. It was the States, who

identified about 2.8 crore migrant population in the

first wave of pandemic, which is clearly stated in

paragraph 8 of the affidavit of Union of India as noted

above. When there is identification by the States of

2.8 crore migrants, there is no difficulty for the

State in reaching such migrants and supplying dry

ration to those who may still be at their identified

places. The Union of India in its affidavit has clearly

stated that the Union of India is ready and willing to

provide the additional food grains to the States under

various schemes in event such request is made by the

States/UTs.

26. The Union of India submits that there is no lack of

food grains nor the Central Government is shirking from

its responsibility to provide dry ration to migrant

workers. It is submitted by the learned Solicitor

General that identification of such migrant workers and

distribution of dry ration is to be done by respective

States/UTs. He further submits that each State/Union

Territory can devise appropriate schemes for providing

dry ration to migrant workers.

27. Various States have filed their affidavits. From

the affidavits filed by different States, it does

appear that although some States have devised certain

schemes for distribution of dry ration to migrant

workers, most of the States do not have such schemes.

Several States have not mentioned any scheme under

which in the second wave of pandemic any ration has

been distributed to the migrant workers. State of

Gujarat has referred to a scheme namely ‘Annambrahma’

Scheme which scheme has been once again implemented and

as on date is current. However, no details have been

given as to how many migrant workers have been provided

dry ration in this second wave of pandemic.

28. It has been stated on behalf of State of NCT Delhi

that a cabinet decision has been taken on 25.05.2021

where it has been stated that dry rations to Non-PDS

be provided at the same entitlement as specified under

National Food Security Act, 2013. A statement has been

made as under:-

“Vide Cabinet Decision No.3004 dated

25.05.2021. it has been decided that Dry

Rations (food grains) under Non-PDS to be

provided at the same entitlement as specified

under NFS Act 2013 which is 5 Kg food grains

(4 Kg wheat and 1 Kg rice per person per

month) free of cost to the needy persons who

don’t possess ration cards, including

unorganized workers, migrant workers,

building and construction workers, domestic

help from a school identified in each

Municipal wards of Delhi. The beneficiary has

to visit the designated schools to collect

this non-PDS ration. This scheme has been

operationalized w.e.f. 5th June, 2021 and is

envisaged for 20 Lakh beneficiaries.”

29. Most of the States have been harping on providing

food grains free of cost for two months, i.e., May and

June, 2020. The State of West Bengal has stated that

there is no scheme for providing dry ration to migrant

workers. The States/Union Territories who are

responsible for Public Distribution System and who are

the agency to reach beneficiary have to devise the

scheme to cater the needs of migrant workers and find

out ways and means to reach those migrant workers and

supply the dry ration. Especially during this pandemic,

the States/Union Territories have to make extra efforts

to reach migrant labourers so that no migrant labourer

is denied two meals a day.

30. The Union of India in paragraphs 7 and 8 has

mentioned that Ministry has extended various schemes to

enable all States/UTs to obtain additional quantities

of food grains. The Union of India has also referred to

Circular dated 20.05.2021 issued by Government of

India, Ministry of Consumer Affairs, which states on

the subject “various food security measures announced

during COVID-19, 2021”, in paragraph 3, following has

been stated : -

“3. In addition to actively promoting the use

of portability through One nation One Ration

Card (ONORC) for NFSA beneficiaries, it is

advised that States/UTs may also use the

different schemes detailed above to get

additional quantities of food grains, as per

the need, from the FCI, for distribution to

selected target groups including other

migrants/stranded migrants, as per locally

assessed requirements.”

31. As noted above, the Central Government is ready to

allocate additional quantities of food grains to the

States for supplying food grains to migrant workers

after identification. The Central Government may, in

consultation with the States, devise a mechanism to

reach migrant labourers especially in this pandemic so

that dry ration be provided to them.

32. There has been worldwide awareness regarding right

to food to human being. Our country is no exception.

Lately, all Governments have been taking steps and

taking measures to ensure that no human being should be

affected by hunger and no one dies out of hunger. The

basic concept of food security globally is to ensure

that all people, at all times, should get access to the

basic food for their active and healthy life. The

Constitution of India does not have any explicit

provision regarding right to food. The fundamental

right to life enshrined in Article 21 of the

Constitution may be interpreted to include right to

live with human dignity, which may include the right to

food and other basic necessities.

33. The Central Government having undertaken to

distribute additional quantity of foodgrains as

demanded by the States/Union Territories for

distribution to migrant labourers under some Scheme

framed by the States, we direct the Central Government,

Department of Food and Public Distribution (Ministry of

Consumer Affairs, Food and Public Distribution) to

allocate and distribute foodgrains as per demand of

additional foodgrains from the States for disbursement

of dry foodgrains to migrant labourers.

34. We further direct the States to bring in place an

appropriate scheme for distribution of dry ration to

migrant labourers for which it shall be open for States

to ask for allocation of additional foodgrains from the

Central Government, which, as directed above, shall

provide the additional foodgrains to the State. The

State shall consider and bring an appropriate Scheme,

which may be implemented on or before 31.07.2021. Such

scheme may be continued and operated till the current

pandemic (Covid-19) continues.

(ii) One Nation One Ration Card

35. “One Nation One Ration Card” is a scheme

implemented by the Government of India providing for

nation-wide portability of National Food Security Act

Ration card. Several States have been integrated under

One Nation One Ration Card cluster at the National

level. In the affidavit, the Department of Expenditure,

Ministry of Finance, has granted additional drawing

permission to States for completing One Nation One

Ration Card system. One Nation One Ration Card is an

important citizen centric reform. Its implementation

ensures availability of ration to beneficiaries under

National Food Security Act (NFSA) and other welfare

schemes, especially to the migrant workers and their

families at any Fair Price Shop across the Country. To

ensure seamless inter-State portability of the ration

card, Aadhaar seeding of all ration cards as well as

Biometric Authentication of beneficiaries through

automation of all Fair Price Shops (AFPS) with

installation of electronic- Point of Sale (e-POS)

devices are necessary.

36. As stated above, the Union of India, Department of

Expenditure has permitted State-wise additional

borrowing for completion of One Nation One Ration Card

Scheme. Shri Tushar Mehta, learned Solicitor General

during his submissions has submitted that Four States

have not yet implemented the One Nation One Ration Card

Scheme being the States of Assam, Chhattisgarh, Delhi

and West Bengal.

37. Learned counsel appearing for Delhi submits that

Government of NCT Delhi has implemented the One Nation

One Ration Card Scheme. Shri Tushar Mehta’s submission

is that the Government of NCT Delhi has not implemented

the scheme fully and only in one circle, i.e., Circle

No.63, Seemapuri, only a handful of transactions with

42 e-POS machines have been done. One Nation One Ration

Card scheme is one of the important welfare measures to

extend food security to migrants who are covered under

the National Food Security Act Scheme. When migrant

workers are spread throughout the Country, each State

has to implement the scheme, which is a necessary

welfare measure towards food security to this class of

persons. The States are duty bound to implement this

Scheme, which is a welfare scheme in the interest of

poor and marginal sections of the society. When a

migrant labour reaches to a particular State for

work/employment and is covered by National Food

Security Act Scheme, the receiving State is under duty

to ensure that his rights and entitlement under

National Food Security Act is not denied merely because

of the fact that he is not in his native State from

where he was issued the ration card under National Food

Security Act scheme.

38. We, thus, are of the view that those States who

have not yet implemented One Nation One Ration Card

scheme should implement the same. We direct the States

who have not implemented the One Nation One Ration Card

scheme to implement the scheme by not later than

31.07.2021.

(iii) Coverage of Rural and Urban population under

National Food Security Act, 2013.

39. Section 3 of the National Food Security Act, 2013

provides for Right to receive foodgrains at subsidised

prices by persons belonging to eligible households

under Targeted Public Distribution System. Sections

3(1) and 3(2) are as follows:-

“3. Right to receive foodgrains at subsidised

prices by persons belonging to eligible

households under Targeted Public Distribution

System.-- (1) Every person belonging to

priority households, identified under subsection (1) of section 10, shall be entitled

to receive five kilograms of foodgrains per

person per month at subsidised prices

specified in Schedule I from the State

Government under the Targeted Public

Distribution System:

Provided that the households covered under

Antyodaya Anna Yojana shall, to such extent

as may be specified by the Central Government

for each State in the said scheme, be

entitled to thirty-five kilograms of

foodgrains per household per month at the

prices specified in Schedule I:

Provided further that if annual allocation

of foodgrains to any State under the Act is

less than the average annual off take of

foodgrains for last three years under normal

Targeted Public Distribution System, the same

shall be protected at prices as may be

determined by the Central Government and the

State shall be allocated foodgrains as

specified in Schedule IV.

Explanation.— For the purpose of this

section, the "Antyodaya Anna Yojana" means,

the scheme by the said name launched by the

Central Government on the 25th day of

December, 2000; and as modified from time to

time.

(2) The entitlements of the persons

belonging to the eligible households referred

to in sub-section (1) at subsidised prices

shall extend up to seventy-five per cent. of

the rural population and up to fifty per

cent. of the urban population.”

40. Section 9 provides for coverage of population under

Targeted Public Distribution System, which is to be

determined by the Central Government and the total

number of persons to be covered in such rural and urban

areas of the State shall be calculated on the basis of

the population estimates as per the census of which the

relevant figures have been published. The State-wise

coverage under National Food Security Act was

determined by the then Planning Commission (now Niti

Aayog) by using the NSS Household Consumption Survey

data for 2011-2012. More than 10 years have elapsed

from determination of State-wise coverage. In event,

Central Government undertakes fresh determination of

the State-wise coverage under National Food Security

Act, number of beneficiaries State-wise are bound to

increase benefitting the large number of eligible

persons. We, thus, are of the view that Central

Government need to take steps to undertake exercise

under Section 9 of the National Food Security Act, 2013

to re-determine the total number of persons to be

covered under Rural and Urban areas of the State, which

shall be beneficial to large number of persons.

(iv) Inter-state Migrant Workman (Regulation of

Employment and Condition of Service) Act, 1979

41. The Parliament enacted the above enactment with a

very laudable object protecting migrant workers from

large number of ill-practices. The Statement of

Objects and Reasons of the enactment elaborately

noticed the object and purpose of the enactment, which

is to the following effect:-

“STATEMENT OF OBJECTS AND REASONS

The system of employment of inter-State

migrant labour (known in Orissa as Dadan

Labour) is an exploitative system prevalent

in Orissa and in some other States. In

Orissa, Dadan Labour is recruited from

various parts of the State through

contractors or agents called Sardars/

Khatadars for work outside the State in large

construction projects. This system lends

itself to various abuses. Though

the Sardars promise at the time of

recruitment that wages calculated on piecerate basis would be settled every month, the

promise is not usually kept. Once the worker

comes under the clutches of the contractor,

he takes him to a far-off place on payment of

railway fare only. No working hours are fixed

for these workers and they have to work on

all the days in a week under extremely bad

working conditions. The provisions of the

various labour laws are not being observed in

their case and they are subjected to various

malpractices.

2. The Twenty-eighth Session of the Labour

Ministers' Conference (New Delhi, October 26,

1976) which considered the question of

protection and welfare of Dadan Labour

recommended the setting up of a small Compact

Committee to go into the whole question and

to suggest measures for eliminating the

abuses prevalent in this system. The interState migrant workmen are generally

illiterate, unorganised and have normally to

work under extremely adverse conditions and

in view of these hardships, some

administrative and legislative arrangements

both in the State from where they are

recruited and also in the State where they

are engaged for work are necessary to secure

effective protection against their

exploitation. The Compact Committee which was

constituted in February, 1977, therefore,

recommended the enactment of a separate

Central legislation to regulate the

employment of inter-State migrant workmen as

it was felt that the provisions of the

Contract Labour (Regulation and Abolition)

Act, 1970, even after necessary amendments

would not adequately take care of the variety

of malpractices indulged in by the

contractors/Sardars/Khatadars, etc., and the

facilities required to be provided to these

workmen in view of the peculiar circumstances

in which they have to work.

3. The recommendations of the Compact

Committee have been examined in consultation

with the State Governments and the Ministries

of the Government of India and the

suggestions made by them have been taken into

account in formulating the proposals for

legislation. The main features of the Bill

are as follows:-

(i) The proposed legislation will

apply to every establishment

in which five or more interState migrant workmen are

employed or were employed on

any day of the preceding

twelve months. It will also

apply to every contractor who

employs or employed five or

more inter-State migrant

workmen on any day of the

preceding twelve months.

(ii) The establishment proposing to

employ inter-State migrant

workmen will be required to be

registered with registering

officers appointed under the

Central Government or the

State Governments, as the case

may be, depending on whether

the establishment falls under

the Central sphere or State

sphere. Likewise, every

contractor who proposes to

recruit or employ inter-State

migrant workmen will be

required to obtain a licence

from the specified authority

both of the State to which the

workman belongs (home State)

and the State in which he is

proposed to be employed (host

State).

(iii) The contractor will be

required to furnish

particulars regarding the

workmen in the form to be

prescribed by rules to the

specified authority of both

the home State and the host

State. The contractor will

also be required to issue to

every workman employed by him,

a pass book containing the

details of the employment.

(iv) Specific guidelines have been

indicated regarding the wages

payable to inter-State migrant

workman and he is required to

be paid wages from the date of

his recruitment.

(v) The inter-State migrant

workman will be entitled to a

displacement allowance and a

journey allowance in addition

to his wages.

(vi) The amenities that are

required to be provided to the

workmen would include

provision of suitable

residential accommodation,

adequate medical facilities,

protective clothing to suit

varying climatic conditions

and suitable conditions of

work taking into account that

they have migrated from

another State.

(vii) Inspectors will be appointed

by the appropriate Government

to see that the provisions of

the legislation are being

complied with. In addition,

power has been given to the

State Government of the home

State to appoint, after

consultation with the

Government of the host State,

inspectors for visiting the

establishments wherein workmen

from the former State are

employed to see whether the

provisions of the legislation

are being complied with in the

case of such workmen.

(viii) The inter-State migrant

workman may raise an

industrial dispute arising out

of his employment either in

the host State or in the home

State after his return to that

State after the completion of

the contract of employment. He

will also be permitted to

apply for the transfer of

proceedings in relation to an

industrial dispute pending

before an authority in the

host State to the

corresponding authority in the

Home State on the ground that

he has returned to the State

after the completion of his

contract.

(ix) Deterrent punishments have

been proposed for the

contravention of the

provisions of the

legislation.”

42. Section 1(4) provides for applicability of the Act

in following manner:-

“1(4) It applies-

(a) to every establishment in which five

or more inter-State migrant workmen (whether

or not in addition to other workmen) are

employed or who were employed on any day of

the preceding twelve months;

(b) to every contractor who employs or

who employed five or more inter-State migrant

workmen (whether or not in addition to other

workmen) on any day of the preceding twelve

months.”

43. Section 2 is a definition clause. Sub-clause(b)

defines “contractor” and sub-clause(e) defines “interstate migrant workman” as follows:-

“2. Definitions.- (1) In this Act, unless the

context otherwise requires,-

XXXXXXXXXXXX

(b) "contractor", in relation to an

establishment, means a person who

undertakes (whether as an independent

contractor, agent, employee or

otherwise) to produce a given result for

the establishment, other than a mere

supply of goods or articles of

manufacture to such establishment, by

the employment of workmen or to supply

workmen to the establishment, and

includes a sub-contractor, Khatadar,

Sardar, agent or any other person, by

whatever name called, who recruits or

employs workmen;

(e) "inter-State migrant workman" means any

person who is recruited by or through a

contractor in one State under an

agreement or other arrangement for

employment in an establishment in

another State, whether with or without

the knowledge of the principal employer

in relation to such establishment;”

44. Chapter II deals with registration of

establishments employing inter-State Migrant Workmen.

Section 6 contains an injunction that no principal

employer of an establishment shall employ inter-State

migrant workmen in the establishment unless a

certificate of registration in respect of such

establishment is issued under the Act. Similarly,

Chapter III deals with licensing of contractors.

Section 8(2) provides that a licence under sub-section

(1) may contain the terms and conditions of the

agreement or other arrangement under which the workmen

will be recruited, the remuneration payable, hours of

work, fixation of wages and other essential amenities

in respect of the inter-State migrant workmen are to be

included. Section 12 provides for duties and

obligations of contractor. Section 12(1)(a) provides

that it shall be the duty of every contractor to

furnish such particulars and in such form as may be

prescribed, to the specified authority in the State

from which an inter-State migrant workman is recruited

and in the State in which such workman is employed,

within fifteen days from the date of recruitment, or,

as the case may be, from the date of employment. In

the Rules framed namely “the Inter-State Migrant

Workmen (Regulation of Employment and Conditions of

Service) Central Rules, 1980”, Rule 21 provides for

following:-

“21. Particulars of migrant workman.- (1)

Every contractor shall furnish to the

specified authorities the particulars

regarding recruiting and employment of

migrant workmen in Form X.

(2) The particulars shall be either

personally delivered by the contractor to the

concerned specified authorities or sent to

them by registered post.”

45. Form X under which the information is to be given

by a contractor contains various details pertaining to

the migrant workmen. In event, the licensed

contractors engage migrant workmen, he is bound to give

the particulars of the migrant workmen to the specified

authorities and it is in the domain of the authorities

recruiting migrant workers to enable the authorities to

reach the migrant workers and extend the benefits to

which such migrant workers are entitled. Chapter VI

of the Act deals with inspecting staff and Section 20

deals with Inspectors. The appropriate Government is

to appoint Inspectors for the purpose of this Act.

46. Learned counsel appearing for different applicants

and intervenors have contended that though 1979

enactment has been implemented by several States but

neither there is proper licensing of contractors nor

registration of establishments due to which the migrant

workers are not able to reap the benefit to which they

are entitled. References of different State, i.e.,

State of Karnataka (2017), State of Kerala (2018) have

been made where it has been stated that 1979 enactment

has not been implemented. 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. Nonimplementation of the Act adversely affects the rights

of migrant workers. We, thus, are of the view that a

direction need 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.

(v) Registration of Unorganised Workers

47. In orders passed by this Court in these proceedings

on 09.06.2020 and 31.07.2020, we have already referred

to enactments namely (i) The Building and other

Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996; and the Unorganized

Workers’ Social Security Act, 2008. The 1996 enactment

was enacted by Parliament to regulate the employment

and conditions of service of building and other

construction workers and to provide for their safety,

health and welfare measures and for other matters

connected therewith. The Act provides for registration

of establishments. Chapter IV provides for

registration of building workers as beneficiaries and

also contemplates issuance of identity cards. Sections

12 and 13 of the 1996 Act are as follows:-

“12. Registration of building workers as

beneficiaries:-(1) Every building worker who

has completed either eighteen years of age,

but has not completed sixty years of age, and

who has been engaged in any building or other

construction work for not less than ninety

days during the preceding twelve months shall

be eligible for registration as a beneficiary

under this Act.

(2) An application for registration shall

be made in such form, as may be prescribed,

to the officer authorised by the Board in

this behalf.

(3) Every application under sub-section

(2) shall be accompanied by such documents

together with such fee not exceeding fifty

rupees as may be prescribed.

(4) If the officer authorised by the Board

under sub-section (2) is satisfied that the

applicant has complied with the provisions of

this Act and the rules made thereunder, he

shall register the name of the building

worker as beneficiary under this Act:

Provided that an application for

registration shall not be rejected without

giving the applicant an opportunity of being

heard.

(5) Any person aggrieved by the decision

under sub-section (4) may, within thirty days

from the date of such decision, prefer an

appeal to the Secretary of the Board or any

other officer specified by the Board in this

behalf and the decision of the Secretary or

such other officer on such appeal shall be

final:

Provided that the Secretary or any other

officer specified by the Board in this behalf

may entertain the appeal after the expiry of

the said period of thirty days if he is

satisfied that the building worker was

prevented by sufficient cause from filing the

appeal in time.

(6) The Secretary of the Board shall cause

to maintain such registers as may be

prescribed.

13. Identity cards:-(1) The Board shall

give to every beneficiary an identity card

with his photograph duly affixed thereon and

with enough space for entering the details of

the building or other construction work done

by him.

(2) Every employer shall enter in the

identity card the details of the building or

other construction work done by the

beneficiary and authenticate the same and

return it to the beneficiary.

(3) A beneficiary who has been issued an

identity card under this Act shall produce

the same whenever demanded by any officer of

Government or the Board, any inspector or any

other authority for inspection.”

48. The other enactment, which has been enacted by

Parliament to provide for the social security and

welfare of unorganized workers’ is the Unorganised

Workers’ Social Security Act, 2008. The Statement of

Objects and Reasons of the enactment elaborately

noticed the object and purpose of the enactment, which

is to the following effect:-

“Statement of Objects and Reasons.-

It is estimated that the workers in the

unorganised sector constitute more than

ninety-four per cent. of the total employment

in the country. On account of their

unorganised nature, these workers do not get

adequate social security. Some welfare

schemes are being implemented by the Central

Government for specific groups of unorganised

sector workers such as beedi workers, noncoal mine workers, cine workers, handloom

weavers, fishermen, etc. State Governments

are implementing welfare programmes for

certain categories of unorganised sector

workers and some Non-Government Organisations

also provide social security to certain

categories of workers. Despite all these

efforts, there is a huge deficit in the

coverage of the unorganised sector workers in

the matter of labour protection and social

security measures ensuring the welfare and

well-being of workers in the unorganised

sector, such as agricultural workers,

construction workers, beedi workers, handloom

workers, leather workers, etc.

2. The Unorganised Workers' Social Security

Bill, 2007 aims to provide for social

security and welfare of the unorganised

sector workers and for matters connected

therewith or incidental thereto. The Bill,

inter alia, provides for the following

matters, namely:-

(i) The Central Government shall

constitute a National Social Security

Advisory Board to recommend suitable

welfare schemes for different sections

of unorganised sector workers, and

upon consideration of these

recommendations, the Central

Government may notify suitable welfare

schemes relating to life and

disability cover, health and maternity

benefits, old age protection, or any

other benefits.

(ii) The State Government shall constitute

the State Social Security Advisory

Board to recommend suitable welfare

schemes for different sections of

unorganised workers in that State and

the State Government may notify

suitable schemes for one or more

sections of the unorganised workers.

(iii) A worker of an unorganised sector

shall be eligible for social security

benefits if, he is duly registered.

Every registered worker in the

unorganised sector shall be issued an

identity card which shall be a smart

card carrying a unique identification

number and shall be portable.

(iv) The Central Government and the State

Government shall have the power to

make rules for the purposes of

carrying out the objects of the Bill.

3. The Bill seeks to achieve the above

objectives.”

49. The Unorganised Workers constitute ninety-four

percent of the work force, which is also noticed in the

Statement of Objects and Reasons extracted above. The

unorganized workers belong to poor strata of society,

less educated and are not much aware of their rights

and obligations of their employer. Unorganised workers

are also not able to easily get themselves registered

under Act, 2008 so as to enable them to reap the

welfare schemes of the Central Government as well as of

the State Governments. Section 10 deals with the

registration and social security benefit, which is to

the following effect:-

“10. Eligibility for registration and social

security benefits.—(1) Every unorganised

worker shall be eligible for registration

subject to the fulfilment of the following

conditions, namely:—

(a) he or she shall have completed

fourteen years of age; and

(b) a self-declaration by him or her

confirming that he or she is an

unorganised worker.

(2) Every eligible unorganised worker

shall make an application in the prescribed

form to the District Administration for

registration.

(3) Every unorganised worker shall be

registered and issued an identity card by the

District Administration which shall be a

smart card carrying a unique identification

number and shall be portable.

(4) If a scheme requires a registered

unorganised worker to make a contribution, he

or she shall be eligible for social security

benefits under the scheme only upon payment

of such contribution.

(5) Where a scheme requires the Central or

State Government to make a contribution, the

Central or State Government, as the case may

be, shall make the contribution regularly in

terms of the scheme.”

50. At this stage, we may notice the provisions of Code

on Social Security, 2020. Although, Code on Social

Security, 2020 has received the Presidential assent in

August, 2020 but the same has not yet been enforced

except the provision for use of Aadhaar. Thus, the

registration under Act, 1996 and Act, 2008 as noted

above has to continue till the provisions of Code on

Social Security, 2020 are enforced, the registration of

unorganized workers both under Act, 1996 and Act, 2008

is beneficial to the unorganized workers since it is

only after registration they are able to access the

welfare schemes of the Central Government and the State

Governments. The registration of the unorganized

workers is, thus, pivotal and most important insofar as

welfare of workers is concerned.

51. We had in our various orders passed in this

proceedings had asked the States/Union Territories to

file affidavits regarding the status of registration of

workers undertaken under the various legislations of

States and Union Territories and they have filed their

detailed affidavits referring to status of registration

of workers. From the facts as brought on record on

behalf of States/Union Territories, steps taken by

respective States and Union Territories are

decipherable. It is useful to notice briefly the

status of registration as reflected in the affidavits

of different States.

NCT Delhi

52. In the affidavit dated 08.06.2021 filed on behalf

of State of NCT Delhi, no details regarding process of

registration of construction workers, inter-State

migrant workers and unorganized workers have been

mentioned. However, in the note dated 14.06.2021

submitted on behalf of NCT Delhi with regard to Act,

1979 and Act, 1996, it has been stated that online

portal for registration of establishments employing

migrant workers is in place since December, 2019. It

is further mentioned that Delhi Inter-State Migrant

Workmen (Regulation of Employment and Conditions of

Service) Rules, 1982 have been notified on 04.06.1982.

It is further stated that by virtue of Section 2(e),

migrant workers themselves cannot register under Act,

1979 and it is the contractor, who has to register the

migrant workers. With regard to Act, 1996, it is stated

that under the said Act, Delhi Building and Other

Construction Workers (RE & CS) Rules, 2002 have been

notified. It is further mentioned that steps are being

taken by issuing notice to the various employers to get

them registered under Act, 1996. With regard to the

Unorgnised Workers’ Social Security Act, 2008,

following is the statement made:-

i. Unorganized Workers Social Security Act,

2008 has been subsumed in the Code on

Social Security, 2020. Labour

Department, GNCTD is drafting Rules under

Code on Social Security Code, 2020.

ii. Central Government is in the process of

making a National Database for

Unorganised Workers (NDUW) and Integrated

Portal for Social Security and Welfare

Schemes, on Unorganised workers – State

wise regarding unorganized workers and

also develop a suitable National Software

for registration of unorganized workers

which will have uniformity across the

country and portability also – action is

awaited from Central Government, in this

regard.

iii. Job portal was launched by GNCTD on

27.07.2020 to provide a interactive

platform between the employers and

prospective jobseekers. This interactive

platform shall help prospective

jobseekers to procure employment.”

State of Gujarat

53. It is submitted that an estimated 23 lakhs interState migrant workers are engaged in various

industries, establishments and factories in the State

of Gujarat. In pursuance of the same, it is submitted

that the portal, called the “e-nirman” portal is ready

and is launched by the Hon’ble Chief Minister of

Gujarat on 08.06.2021 and made operational. Through,

the “e-nirman” portal, the construction workers will

now be provided with a smart card containing their

details as opposed to a physical passbook which was

being provided in the older system. The smart card

will enable the construction workers to directly avail

the benefits of more than 20 schemes of the Government

pertaining to maternity assistance, assistance in cases

of death and permanent disability, educational

assistance, hostel facility scheme etc. and thus

permeating the deepening the impact of such schemes for

the beneficiaries.

54. The State of Gujarat has simultaneously set up a

portal (gujaratuwin.csccloud.in) for registration of

Unorganised Workers. The said portal is also launched

by Hon’ble Chief Minister of Gujarat on 08.06.2021 and

made operational, along with the “e-nirman” portal.

This portal for Unorganised Workers is also integrated

with more than 21290 Common Service Centres in the

State and will be used to issue Unorganised Worker

Identity Number (U-WIN) cards. It is submitted that

the data registered on this portal will be subsequently

integrated with the National level portal that is being

operationalised in the form of the National Database of

Unorganised Workers Project by the Government of India.

55. It is submitted that district-wise pockets of

unorganised workers like street vendors, retail

workers, fisherman, textile market workers, wiremen,

rickshaw drivers, kite making workers, vegetable

sellers, bidi making workers, tailors etc. have already

been identified and a registration drive will be

carried out focusing on such pockets. Thus, the

process of registration will be brought to the doorstep

of unorganized workers.

State of Telangana

56. It has been stated on behalf of State of Telangana

that the registration of workers and issue of identity

cards to the unorganized workers will be processed soon

after receiving the Registration Module from Government

of India, Ministry of Labour and Employment, New Delhi.

State of Chhatisgarh

57. At the outset, it is submitted that in compliance

of the orders of this Court, approximately 4,34,658

migrant workers who have returned to the State of

Chhatisgarh from other states have been benefited

according to their eligibility under various schemes of

the Central Government and State Government.

58. The registration of unorganized workers is being

done through the online portal and a total of

approximately 14,33,702 unorganised workers have been

registered.

State of Uttar Pradesh

59. The State of UP is maintaining a robust system of

registration of such migrant workers as they come into

the State, as has been detailed in the previous

affidavit dated 22.05.2021. A portal on the website of

the Relief Commissioner, http://www.rahat.up.nic.in,

has been created, on which all relevant details of all

migrant workers are to be uploaded in real-time.

60. As per data available with the Director, Training

and Employment, Uttar Pradesh, as many as 37,84,255

migrant workers have returned to their native places

during the entire Covid-19 pandemic period. Their

skill mapping has been completed and 10,44,710

labourers have already been given employment in

different schemes of different departments of the State

Government. It is submitted that as per the data

available as on 08.06.2021, the details/data of

3,79,220 migrant workers have been registered and their

skills mapped on the rahat.up.nic.in portal since

01.04.2021.

61. It is further submitted that the rahat.up.nic.in

portal is also being utilized to identify workers other

than registered workers for availing of the benefit of

the decision taken by the State Cabinet on 15.05.2021

to provide all eligible persons a sustenance allowance

of Rs.1000 per month by way of direct Bank Transfer.

The rahat.up.nic.in portal is to be utilized for the

purpose of such registration of such beneficiaries. As

on 08.06.2021 the data/details of 12,92,247 such

persons has been uploaded on the rahat portal since

18.05.2021.

State of Jharkhand

62. It is submitted that during the second phase of

lockdown, an additional number of 39,853 have been

registered under the Building and other Construction

Workers (Regulation of Employment and Conditions of

Service) Act, 1996 (BOCW Act). Out of these benefits

have been extended to 22,830 beneficiaries and

Rs.13,98,15,919/- has been disbursed under various

schemes run by the Jharkhand Building and Other

Construction Workers Welfare Board, Ranchi.

63. It is further submitted that directions have been

issued to Officers in the State by Labour Commissioner,

Jharkhand vide letter No.557 dated 28.05.2021 and

letter No.577 dated 08.06.2021 to complete the process

of registration of unorganised workers in the area

under their jurisdictions and the following steps have

been taken:-

(a) Under Unorganised Workers Social Security

Act, 2008, 14.71 lakhs unorganized workers

have been registered till now.

(b) Five Schemes have been launched by the

State for the benefit of unorganized

workers.

number of registered beneficiaries sum of

Rs.51,50,650/- has been disbursed under

different schemes.

State of Bihar

64. The State of Bihar has submitted details regarding

registration of migrant labours in the affidavit dated

21.05.2021. About 19 lakh migrant labours were

registered and brought under skill mapping through the

portal app on their arrival at their blocks/Block

Quarantine Camps. About 11 lakh migrant labours were

registered under Shramik Panjikaran Portal of the

Labour Resource Department. About 2 lakh unorganized

workers have been enrolled under “Pradhan Mantri Shram

Yogi Maandhan Yojna”.

65. Regarding the development of National Data Base for

the Unorgganised Workers (NDUW), it is respectfully

submitted that the Ministry of Labour and Employment,

Government of India vide its letter D.O.No.M16011/1/2019-SS-III dated 28.10.2020 has informed to

the State Government that it has started the

development of comprehensive National Data Base for the

Unorganized Workers (NDUW) including migrant and

construction workers. The portal may be used for the

delivery of various Social Security/Welfare Schemes.

It was also informed that the NDUW portal is being

developed under the technical guidance of NIC.

66. It is further submitted that it was expected from

the department to provide comprehensive action plan for

the registration of unorganized workers along with the

details of two Nodal Officers. The department through

its letter No.1/UL.10-05/2020-21 dated 08.04.2021

nominated the Labour Commissioner, Bihar and Joint

Labour Commissioner, Bihar as the nodal officers for

the implementation of the National Data Base for the

Unorganised Workers (NDUW). Further, the department

also provided the comprehensive action plan for the

registration of unorganized workers to the Ministry of

Labour and Employment vide letter No.-1/UL.10-05/2020-

107 dated 16.04.2021.

State of Karnataka

67. The Karnataka Building and other Construction

Workers Welfare Board under the Act, 1996 has

computerized the registration process and the eligible

building and other construction workers are registered

through the “Seva Sindhu portal”. Once registered,

smart cards with unique identity number are provided to

the workers. The note submitted on behalf of State of

Karnataka also refers to 19 welfare schemes formulated

by Karnataka Building and Other Construction Workers

Board. With regard to Act, 2008, it has been stated

that Karnataka State Unorganised Workers Social

Security Board is functioning under Labour Department

of the State of Karnataka in registering 11 categories

of Unorganised Sector Workers on web portal

“ksuwssb.in”.

State of West Bengal

68. The Government of West Bengal in its affidavit has

referred to a Scheme under which cash benefit of

Rs.1,000/- was transferred to the unorganized workers,

who were permanent resident of West Bengal and not

getting any benefit from any Government Scheme. The no

details have been given regarding process of

registration under the aforesaid two Acts.

State of Madhya Pradesh

69. With regard to registration of migrant workers,

following is stated:-

“The Panchayat and Rural Development

Department through Gram Panchayat machinery

in Rural area and Urban Administration

Department through their Urban local bodies

in urban areas are in process of compiling

information with respect of all categories of

migrants and their family returning back to

their residences. A portal namely

“PRAVASISHAMIK” has been launched wherein

migrants returned to their residences in

Madhya Pradesh are registered by the

Panchayat and Urban Body’s local staff

respectively. Total number of 41,392 migrant

workers have been registered on this portal

till 01.06.2021.

Besides above, registration of unorganized

workers had started in State in the year 2018

under the ‘Mukhyamantri Jan Kalyan (SAMBAL)

Yojana’. Under the said scheme,

approximately 1.47 unorganised workers with

complete database have so far been

registered.”

State of Maharashtra

70. With regard to registration of unorganized workers,

it has been stated that under Act, 2008, Maharashtra

Unorganised Workers Social Security Rules, 2013 have

been framed. Maharashtra Social Security Board has also

been constituted on 03.04.2018. The registration under

the Unorganised Workers Social Security Act, 2008 has

yet to start, but till date, around 5,88,304 workers

have been enrolled under Pradhan Mantri Shram Yogi

Maandhan Yojana through Common Service Centres since

March, 2019. Further, the unorganized workers will

also be given benefits of various schemes by the State

Government, such as (i) provident fund, (ii) financial

assistance in case of injury at work place, (iii)

housing schemes, (iv) scholarship scheme for children,

(v) skill development, (vi) funeral benefits, (vii) old

age homes.

71. Further, with regard to Act, 1996, following has

been stated on behalf of the State of Maharashtra:-

“In exercise of Section 18 of the Building

and Other Construction Workers (Regulation of

Employment and Conditions of Service) Act,

1996, the State has constituted the

Maharashtra Building and Other Construction

Workers Welfare Board (“the Board”). The

Bard has undertaken various measures to

implemented four special registration drives

in the last two years across Maharashtra.

The monthly contribution of registered

construction workers is reduced to Rs.1/- per

month (from Rs.5/- per month). The Board is

taking help of NGOs, workers union and local

representatives for registration of

construction workers. Monitoring Committees

under the Chairmanship of district collectors

is also constituted for registration, renewal

and benefit distribution. Benefit

distribution programs were also conducted in

presence of the Chief Minister, Labour

Minister, Guardian Minister of the concerned

district and a local representative. Due to

the effect of various measures undertaken by

the Board the registration of construction

workers increased in the last three years.

The total registration of construction

workers till 15.05.2021 is 25,53,519 and

active registered construction workers are

11,82,152.”

72. In our last order, we had referred to earlier order

of this Court dated 21.08.2018 passed in Special Leave

Petition (Crl.) No. 150 of 2012. This Court had

directed the Ministry of Labour and Employment to make

available the module to all States and Union

Territories for purposes of registration under Act,

2008 and following was the order passed on 21.08.2018:-

“Mr. Vinod Kumar, Director, Ministry of

Labour and Employment and Mr. Ajit Kumar Dung

Dung, Under Secretary, RSBY, are present

before this Court.

The Ministry of Labour and Employment is

now involved in the process of finalizing a

registration module for unorganized workers

and after the security audit it will be made

ready by the end of December, 2018. It is

submitted that thereafter it will be made

available to the States/Union Territories for

further process of registration and issuance

of paper identity cards.

We direct the Chief Secretary of all the

States and Administrators of all the Union

Territories to start registering 10% of the

estimated number of workers every month

starting from the month of January, 2019 and

submit a Report to this Court by 31.01.2019.

Needless to say that the Ministry will

make available the module to all the States

and Union Territories for the purpose of

registration by the last week of December,

2018.”

73. In spite of the above direction which was issued on

21.08.2018, the Ministry of Labour and Employment has

not yet been able to provide the module to all States

and Union Territories for the purpose of registration.

We have noticed above that several States have stated

in their affidavits that they are waiting for the

module to be provided by the Ministry of Labour and

Employment to proceed further with the registration of

unorganized workers. In this context, we may also

refer to press release dated 05.05.2021 of the Ministry

of Labour and Employment, which states:-

“Section 142 of the Social Security Code,

2020 has been notified by Ministry of Labour

& Employment covering applicability of

Aaadhar. The notification of section will

enable Ministry of Labour and Employment to

collect Aaadhar details for the database of

beneficiaries under various social security

schemes.

National Data Base for unorganised workers

(NDUW) is at an advanced stage of development

by National Informatics Centre. The portal

is aimed at collection of data for

unorganised workers including migrant workers

for the purpose of giving benefits of the

various schemes of the Government. An interstate migrant worker can register himself on

the portal on the basis of submission of

Aaadhar alone.

Union Minister of State (I/c) for Labour

and Employment Shri Santosh Gangwar has

clarified that the section under the Social

Security Code has been notified only for

collection of data of workers including

migrant workers. No benefit will be denied to

workers for want of Aaadhar.”

74. We had specifically directed to the Union of India

by our order dated 24.05.2021 to file a detailed

affidavit with regard to process of registration of

unorganized workers as undertaken by Ministry of Labour

and Employment. In pursuance of our direction, an

affidavit has been filed by the Union of India dated

09.06.2021. In paragraphs 16, 17 and 18 of the

affidavit, following has been stated:-

“16. It is respectfully submitted that, the

major technical as well as other operational

issues have been resolved and development of

the portal had commenced. However, the recent

outbreak of Corona has impacted the

development of the portal as many of the

personnel associated with the project were

affected with Covid. It is submitted that,

the MoLE has already released first

installment of Rs.45.39 Crore to National

Informatics Centre Services Inc. (NICSI) in

the month of January/February, 2021 for

required development work and necessary

purchases of hardware and software.

17. It is humbly submitted that, NIC has been

tasked prepare and hand over the NDUW Portal

at the earliest, preferably in the next 3 to

4 months to the State/UT Governments to carry

out the registration of the Unorganised

Workers through their districts and state

levels administrative machinery. Finally, it

will be the responsibility of State/ UT

Governments to populate the data by

mobilising unorganised workers to register in

their respective States/UTs through Common

Service Centres, State Seva Kendras, Labour

Facilitation Centers, Digital Seva Kendras

under Department of Posts etc on this portal.

For this purpose, a Comprehensive Action Plan

is being prepared in the Ministry along with

monthly measurable milestones to monitor the

registration work in an effective manner. In

addition, the workers will also be able to

NDUW Portal in a more convenient way in a

self-mode or assisted mode.

18. It is humbly submitted that, the Central

Government is committed in developing a

comprehensive, dynamic and useful National

Database for Unorganised Workers (NDUW)

including migrant workers, gig workers,

platform workers, Building/Construction

Workers, domestic workers and similar other

workers, in order to ensure that they can be

the rightful beneficiaries of the various

schemes/benefits by the Central Government

and the State Governments.”

75. Regarding registration of unorganized workers, the

stand taken by the Union of India as noted above does

not commend us. We have noticed that this Court as

early as on 21.08.2018 had directed the Ministry of

Labour and Employment to make available a module to the

States/Union Territories for the purpose of

registration. No exception can be taken to the Central

Government deciding to create NDUW portal for

facilitating the States and Union Territories to

Workers may become available. A statement is made in

the above paragraph that NIC has been required to

develop a portal for which an amount of Rs.45.39 crores

have been released in the month of January/February,

2021. When the unorganized workers are waiting for

registration and are waiting to reap the benefit of

various welfare schemes of the States and Centre, the

apathy and lackadaisical attitude by the Ministry of

Labour and Employment is unpardonable. There was

urgency in the portal to be finalized and implemented

looking to the pandemic and dire need of unorganized

workers to receive the benefit. The attitude of

Ministry of Labour and Employment in not completing the

module even though directed as early as on 21.08.2018

shows that Ministry is not alive to the concern of the

migrant workers and the non-action of the Ministry is

strongly disapproved. We further direct the Secretary,

Ministry of Labour and Employment to ensure that NDUW

portal is finalized and implementation of the portal

commences on or before 31.07.2021. Let Secretary of

the Ministry of Labour and Employment file a report to

that effect within a period of one month thereafter.

76. To provide access to the migrant workers to

different Schemes of State Government and Central

Government, registration is a must. We impress upon

Central Government as well as States and Union

Territories to complete the portal for registration

under National Database for Unorganised Workers (NDUW)

project as well as implement the same, which by all

means may commence not later than 31.07.2021. We make

it clear that after registration is complete, the

correction and updating of the data should be always

possible and which is part of the process. It is only

after registration of the workers that the States and

the Centre shall be able to extend the benefits of the

welfare schemes to them. Prior to that unless the

registration is complete, tall claims by all the States

and Union that they have implemented various welfare

schemes for the migrant workers and unorganized workers

remain only on paper without giving any benefit to

unorganized workers.

(vi) Community Kitchen

77. Most of the States during this pandemic have been

running community kitchens for migrant labourers and

other persons, who needed two meals a day due to

various reasons including cessation of employment. We

had also directed the States to run community kitchens

for migrant labourers. States in their affidavits have

given details regarding running of the community

kitchens. The State of Karnataka states that community

kitchens called Indira Canteens are being run in the

City Corporation/Municipal Corporation limits. It has

been stated on behalf of the State of Kerala that the

State of Kerala is providing community kitchen to the

stranded migrant workers during outbreak of Covid-19

pandemic in 2020 as per Government order dated

26.03.2020 and 03.04.2020. It is stated that Kerala

Government has issued combined guidelines for the

operation of the scheme “Hunger free Kerala- Janakeeya

Hotel and Community Kitchens” under the Local Self

Government Institutions for providing food packets to

the eligible categories. On 11.05.2021 further

guidelines have been issued for the operation of

Janakeeya Hotels and Community Kitchens. The State of

Punjab submits that 38 community kitchens are working

in different districts of Punjab. State of Telangana’s

case is that 140 Annapurna Canteens are available in

Greater Hyderabad Municipal Corporation limits where

food is given @ Rs.5/-. Migrant workers can utilize

their services. The state of Tamil Nadu’s case is that

as per Government policy, everyone can avail food at

free of cost during the lock-down period at Government

run canteens functioning as community kitchens in

various Municipal Corporations of Tamil Nadu. The

Government of NCT Delhi states that in view of the

curfew and lockdown announced on 19.04.2021, the

Government of NCT of Delhi made various arrangements

for the relief and welfare of the migrant labourers.

Hunger Relief Centres for migrant workers, daily

workers and other needy persons have been established

in all 11 districts of Delhi. Food packets are being

provided at the construction sites. The case of the

State of U.P. is that vide G.O. dated 15.04.2021, the

Government of U.P. had directed temporary shelter

camps/quarantine facilities/screening camps to be set

up to accommodate the migrant workers returning to

their native places during the second wave of pandemic,

whereby in temporary camps two complete meals a day

were provided. In the State of West Bengal, it is

stated that “Maa Community Kitchen Scheme” is in

operation in Kolkata Municipal Corporation area and

other municipalities/corporations areas since March,

2021 where good food at a subsidized rate of Rs.5/- per

meal is provided, which scheme can be availed by

anyone. There are 150 canteens running across 23

districts. The State of Madhya Pradesh also states

that under the “Deendayal Antyoday Rasoi” Scheme 100

kitchen centres are operating since February, 2021 in

52 district headquarters and in 6 other prominent

religious towns. State of Maharashtra submits that

presently there are no migrant workers, who are

‘stranded’ in the State, hence there is no question of

providing community kitchen to ‘stranded’ migrant

workers. State refers to a scheme titled ‘Shiv Bhojan

Thali’, which provides meals to the public @ Rs.10/-.

78. It is true that after relaxation of lockdown and

restrictions imposed, all the industries have started

functioning, providing of employment to large number of

people including migrant workers but still there are

migrant labourers, who have not got any employment.

The States have been running community kitchens during

the pandemic. We are of the view that State should run

the community kitchens at prominent places where large

number of migrant labourers are there, which community

kitchens should be continued at-least till the pandemic

continues. The States should advertise places where

facility of community kitchen/subsidized meals is

provided so that no migrant labour, who is unable to

arrange for his two meals can remain hungry.

(vii) Direct Bank Transfer to unorganized workers.

79. All States have filed their affidavits and most of

the States have made direct bank transfers to

construction workers, who are registered under Act,

1996. The amount ranging from Rs.1,000/- to Rs.6,000/-

has been transferred to the construction workers. Few

States have also made transfer to other categories

including auto rickshaw drivers and some other

categories. The right of direct bank transfer flows

from a particular scheme framed by a State. In event,

a person including a migrant labourer is entitled for

any direct bank transfer from any scheme, he can claim

for such entitlement. Before us, no such scheme by any

State has been pleaded on record where conscious

decision has been taken by the State to make direct

bank transfer to a migrant labourer. The direct bank

transfer being matter of policy and being in domain of

the State, no direction can be issued by this Court for

any direct bank transfer as claimed by certain

applicants/intervenors. We only observe that in event

any person is entitled for direct bank transfer as per

the existing scheme in any State, he can avail the said

benefit by the mechanism as provided in the policy

decision.

80. In view of the foregoing discussions and our

conclusions, we dispose of the writ petitions with the

following directions:-

(i) It is directed that the Central Government to

develop the Portal in consultation with

National Informatics Centre (NIC) for

registration of the unorganized

labourers/migrant workers. We also impress upon

and direct that the Central Government as well

as the respective States and the Union

Territories to complete the process of Portal

for registration under National Data Base for

Unorganised Workers (NDUW Project) as well as

implement the same, which by all means may

commence not later than 31.07.2021. We also

impress upon and direct that the process of

registration of the unorganized

labourers/migrant workers is completed at the

earliest, but not later than 31.12.2021. All

the concerned States/Union Territories and the

Licence Holders/Contractors and others to

cooperate with the Central Government to

complete the process of registration of migrant

workers and unorganized labourers so that the

benefits of the welfare schemes declared by the

Central Government/State Governments/ Union

Territories be available to migrant workers and

unorganized labourers for whose benefits the

welfare schemes are declared.

(ii) The Central Government having undertaken to

distribute additional quantity of foodgrains as

demanded by the States/Union Territories for

distribution to migrant labourers under some

Scheme framed by the States, we direct the

Central Government, Department of Food and

Public Distribution (Ministry of Consumer

Affairs, Food and Public Distribution) to

allocate and distribute foodgrains as per

demand of additional food-grains from the

States for disbursement of dry foodgrains to

migrant labourers.

(iii) We direct the States to bring in place an

appropriate scheme for distribution of dry

ration to migrant labourers for which it shall

be open for States to ask for allocation of

additional foodgrains from the Central

Government, which, as directed above, shall

provide the additional foodgrains to the State.

The State shall consider and bring an

appropriate Scheme, which may be implemented on

or before 31.07.2021. Such scheme may be

continued and operated till the current

pandemic (Covid-19) continues.

(iv) The States, who have not yet implemented “One

Nation One Ration Card” scheme are directed to

implement the same by not later than

31.07.2021.

(v) The Central Government may undertake exercise

under Section 9 of the National Food Security

Act, 2013 to re-determine the total number of

persons to be covered under the Rural and Urban

areas of the State.

(vi) We direct all the States/Union Territories to

contractors under the Act, 1979 and ensure that

statutory duty imposed on the contractors to

give particulars of migrant workers is fully

complied with.

(vii) The State/Union Territories are directed to run

community kitchens at prominent places where

large number of migrant labourers are found for

feeding those migrant labourers who does not

have sufficient means to procure two meals a

day. The running of the community kitchen

should be continued at-least till pandemic

(Covid-19) continues.

81. In view of the above directions, this writ petition

and the Writ Petition (C) No.916 of 2020 are disposed

of.

......................J.

( ASHOK BHUSHAN )

......................J.

( M.R. SHAH )

New Delhi,

June 29, 2021.

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