Delhi High Court: Pratibha M. Singh, J., addressed a petition pertaining to seeking implementation of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
Actual Implementation of the said Act is the primary concern of the petition.
Government of NCT of Delhi, Counsel, Ramesh Singh submitted that the Registering Officers, Licensing Officers, Appellate Officers and Inspectors have been appointed.
Insofar as the Central Government, is concerned, Standing Counsel would also seek instructions and inform on the next date as to the actual status of the appointments of the Registering Officers, Licensing Officers, Appellate Officers and Inspectors.
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.
Further it was observed that, collection of data ought to be vertically integrated so that data relating to migrant workmen, from the Central Government and the States is collected, cross-checked, maintained and is readily available, without any time-lag.
In Court’s opinion, in order to have a proper streamlined regulation of migrant workmen and their conditions of service,
the first and the foremost significant measure would be the collection of the actual data and the integration of the same between the Central and the State Governments.
Governments would have to consider as to whether there should be a centralized portal for registration of migrant workmen by the contractors who engage them or the employers who employ them.
Adding to the above, Court directed State and Centre to file their respective affidavits disclosing the data relating to migrant workers.
Respective Governments would also place on record the procedure currently being followed for contractors or employers to register migrant workers as also what are the procedures being followed for ensuring compliance. Accordingly, a status report be filed by both the Ministry of Labour, UOI and the GNCTD.
Matter to be listed on 29-06-2020. [Shashank S. Mangal v. Govt. (NCT of Delhi), 2020 SCC OnLine Del 621 , decided on 02-06-2020]
