2021 Supreme(SC) 266

SUPREME COURT OF INDIA
ASHOK BHUSHAN, M.R. SHAH, JJ.
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS
SUO MOTU WRIT PETITION (CIVIL) NO(S).6 OF 2020
Decided on : 24-05-2021

IMPORTANT POINTS
(1) Covid Lockdown – Registration of unorganized workers should be completed as early as possible and there should be Common National Database for all organised workers situate in different States in entire country.
(2) Corona Pandemic – It is responsibility of States/Union Territories to provide Community Kitchen to stranded migrant workers who have lost their employment and are in need of two meals a day. All States/Union Territories directed to make operational community kitchen to stranded migrant workers wherever they may situate in country.
(3) Covid Lockdown – Cash transfer is a matter of policy and scheme framed by each State/Union Territory and no direction for cash transfer can be issued by this Court to any category of person unless they are covered by any scheme formulated by State/Union Territory.

Headnote:

(A) Unorganised Workers Social Security Act, 2008[Now repealed by Code of Social Security Act, 2020] – Building and Other Construction Workers’(Regulation of Employment and Conditions of Service) Act, 1996 – Corona Pandemic – Problems and miseries of migrant labourers in wake of Covid Lockdown – Alleviatory measures – For accessing of any benefit percolating from any scheme framed by Centre or States for benefit of unorganized workers or migrant workers, registration of workers is essential, which registration shall facilitate unorganized workers to assess scheme and reap benefit – In the affidavits, there has been mention of registration process by different States – Reference of registration of migrant workers, who return to their native place in wake of lockdown which was imposed on 24.03.2020, developing a common portal, comprehensive National Database by Ministry of Labour and Employment under orders of this Court dated 21.08.2018 passed in SLP (Criminal) No. 150 of 2012 has also been mentioned – There are separate registration of workers under Building and Other Construction Workers’(Regulation of Employment and Conditions of Service) Act, 1996 – Under Unorganised Workers Social Security Act, 2008, all States have framed Rules and some States have also undertaken registration under the Acts but no State has given any details as to whether registration under Unorganised Workers Social Security Act, 2008 is complete – Registration of unorganized workers should be completed as early as possible and there should be Common National Database for all organised workers situate in different States in entire country – Process which has been initiated by Ministry of Labour and Employment for creating a National Database for unorganised workers should be completed with collaboration and coordination of States which may serve registration for extending different schemes by States and Centre. (Paras 9 and 10)

(B) Code of Social Security Act, 2020 – Section 112 – Corona Pandemic – Problems and miseries of migrant labourers in wake of Covid Lockdown – Alleviatory measures – There shall be suitable mechanism to monitor and supervise whether benefits of welfare schemes reach beneficiaries which may be from grass-root levels to higher authorities with names and places of beneficiaries so that purposes for such schemes are floated is achieved – Migrant workers wherever stranded throughout country should be provided dry ration under Atma Nirbhar Scheme or any other scheme is found suitable by States/Centre – It is responsibility of States/Union Territories to provide Community Kitchen to stranded migrant workers who have lost their employment and are in need of two meals a day – All States/Union Territories directed to make operational community kitchen to stranded migrant workers wherever they may situate in country – There shall be wide publicity with respect to various schemes including places of community kitchens so that such needy persons may in fact take benefits. (Paras 13, 15 and 16)

(C) Corona Pandemic – Problems and miseries of migrant labourers in wake of Covid Lockdown – Alleviatory measures – Cash transfer is a matter of policy and scheme framed by each State/Union Territory and no direction for cash transfer can be issued by this Court to any category of person unless they are covered by any scheme formulated by State/Union Territory – In affidavits which are to be filed by States/Union Territories, details of schemes regarding cash transfer be also brought on record. (Para 18)

Facts of the case:

In response to earlier order dated 13.05.2021, counter affidavit has been filed by Government of NCT of Delhi, affidavit of compliance has been filed on behalf of State of U.P., compliance affidavit on behalf of Government of Haryana, affidavit in reply on behalf of State of Maharashtra, affidavit on behalf of State of Orissa, compliance affidavit on behalf of State of Bihar and affidavit dated 23.05.2021 on behalf of Union of India. By order dated 13.05.2021, Court also issued three interim directions with regard to NCR region.

Findings of Court:

With regard to distributing of dry ration by States to the migrant workers and to the migrant workers in the NCR region as directed by us on 13.05.2021, let all States to file affidavits indicating the mechanism by which the dry ration should be distributed to those migrant workers, who does not possess a ration card. Whether the Atma Nirbhar Bharat Scheme of the Union of India, which was implemented for giving dry rations to migrant workers in May and June, 2020 is to be utilized or some other scheme has to be utilized is a matter for States to take a decision but the dry ration has to be distributed to the migrant workers throughout the country by the States.

Result : Directions issued. Matter Listed for next hearing.