IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS versus . on 29 June 2021

[2021] 7 S.C.R. 175

IN RE: PROBLEMS AND MISERIES OF MIGRANTLABOURERS

(Suo Motu Writ Petition (Civil) No. 06 of 2020)

with

(Writ Petition (C) No. 916 of 2020 )

(BANDHUA MUKTI MORCHA v. UNION OF INDIA & ORS.)

JUNE 29, 2021

[ASHOK BHUSHAN AND M. R. SHAH, JJ.]

COVID-19 pandemic – Migrant labourers – Problems andmiseries of – Amelioration – Worldwide Pandemic COVID-19engulfed the country in March, 2020 – When Nationwide Lockdownwas declared on 24.03.2020, after few days, there was huge exodusof the migrant labourers from their place of work to their nativeplaces – Supreme Court suo motu took cognizance of the problemsand miseries of the migrant labourers – Suo Motu Writ Petitionregistered – In pursuance of orders passed by Supreme Court, theCentral Government, States and Union Territories took variousmeasures – After March, 2021, the second wave of pandemic hitthe country – Migrant workers again started proceeding to theirnative places – Need for ameliorating the miseries of migrant workers– Held: Migrant workers are exposed to financial and other formsof hardships due to limited access and claim to welfare resourcesoffered by the States/Union Territories – They are particularlyvulnerable to economic regression – On consideration of the matter,number of directions issued by the Supreme Court – CentralGovernment directed to develop Portal in consultation with NationalInformatics Centre (NIC) for registration of unorganized labourers/migrant workers – All concerned States/Union Territories and theLicence Holders/Contractors and others directed to cooperate withthe Central Government to complete the process of registration ofmigrant workers and unorganized labourers so that benefits of thewelfare schemes declared by Central Government/StateGovernments/ Union Territories be available to migrant workersand unorganized labourers for whose benefits the welfare schemesare declared –Central Government, Department of Food and PublicDistribution (Ministry of Consumer Affairs, Food and PublicDistribution) directed to allocate and distribute foodgrains as per

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Ademand of additional food-grains from the States for disbursementof dry food grains to migrant labourers – The States, who have notyet implemented “One Nation One Ration Card” scheme directed toimplement the same by not later than 31.07.2021 – All States/UnionTerritories directed to register all establishments and license allcontractors under the Inter-State Migrant Workmen (Regulation ofBEmployment and Conditions of Service) Act, 1979 and ensure thatstatutory duty imposed on the contractors to give particulars ofmigrant workers is fully complied with – The State/Union Territoriesdirected to run community kitchens at prominent places where largenumber of migrant labourers are found for feeding those migrantClabourers who do not have sufficient means to procure two meals aday – Running of the community kitchen directed to be continuedat-least till pandemic (Covid-19) continues – National Food SecurityAct, 2013 – Inter-State Migrant Workmen (Regulation of Employmentand Conditions of Service)Act, 1979 – Building and otherConstruction Workers (Regulation of Employment and ConditionsDof Service) Act, 1996 – Unorganised Workers’ Social Security Act,2008.

Disposing of the writ petitions, the Court

Conclusion

Disposing of the writ petitions, the Court HELD: 1. The Right to Life as guaranteed by Article 21 ofEthe Constitution gives right to every human being to live a life ofdignity with access to at-least bare necessities of life. To providefood security to impoverished persons is the bounden duty of allStates and Governments. The Parliament with object to providefood and nutritional security in human life cycle had enacted theNational Food Security Act, 2013. Those who have been identifiedFas beneficiary under National Food Security Act, 2013 areprovided dry rations as per the Centre and States’ Schemes. Inevent, a migrant labour is covered under the National FoodSecurity Act, 2013 and had been issued a ration card under theAct, he is entitled to access the dry ration wherever he is, at hisGwork place also, in accordance with scheme of the CentralGovernment namely “One Nation One Ration Card”. Both theCentral Government and the State Governments have floatedvarious schemes for unorganized workers, building andconstruction workers but sad picture of the ground reality is that H

large number of beneficiaries are deprived from access to thesewelfare schemes of the Central Government or the StateGovernments. [Paras 17, 18, 20][194-A-C, E-F, G-H; 195-A]

2. Dry Ration to Migrant Workers

2.1 The migrant workers, who possess the ration card andare covered under the National Food Security Act, 2013 can availthe dry ration utilising their card even in the State where theyhave migrated for work. Real difficulty arises with regard tomigrant workers who do not possess any card issued underNational Food Security Act or even by respective States. Thereis a large number of such migrants who do not possess any card.Their above disability is due to their poverty and lack of educationbut the State cannot abdicate its duty towards such persons,especially in the wake of the pandemic and the events wherelarge numbers of migrant workers are not able to get jobs whichmay satisfy their basic needs. [Para 24][197-A-C]

2.2 The affidavit of Union of India indicates that under AtmaNirbhar Bharat Scheme, which was issued by the Department ofFood and Public Distribution, migrants/stranded migrants werecovered and 5 Kg per person per month free of cost dry rationfor a period of two months was given. It was the States, whoidentified about 2.8 crore migrant population in the first wave ofpandemic, which is clearly stated in the affidavit of Union of India.When there is identification by the States of 2.8 crore migrants,there is no difficulty for the State in reaching such migrants andsupplying dry ration to those who may still be at their identifiedplaces. The Union of India in its affidavit has clearly stated thatthe Union of India is ready and willing to provide the additionalfood grains to the States under various schemes in event suchrequest is made by the States/UTs. [Para 25][197-C-F]

2.3 From the affidavits filed by different States, it does appearthat although some States have devised certain schemes fordistribution of dry ration to migrant workers, most of the Statesdo not have such schemes. Several States have not mentionedany scheme under which in the second wave of pandemic anyration has been distributed to the migrant workers. State of A

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AGujarat has referred to a scheme namely ‘Annambrahma’ Schemewhich scheme has been once again implemented and as on dateis current. However, no details have been given as to how manymigrant workers have been provided dry ration in this secondwave of pandemic. [Para 27][197-G-H; 198-A-B]

B2.4 The States/Union Territories who are responsible forPublic Distribution System and who are the agency to reachbeneficiary have to devise the scheme to cater the needs ofmigrant workers and find out ways and means to reach thosemigrant workers and supply the dry ration. Especially during thispandemic, the States/Union Territories have to make extra effortsCto reach migrant labourers so that no migrant labourer is deniedtwo meals a day. The Union of India has mentioned that Ministryhas extended various schemes to enable all States/UTs to obtainadditional quantities of food grains. The Union of India has alsoreferred to Circular dated 20.05.2021 issued by Government ofDIndia, Ministry of Consumer Affairs, which states on the subject“various food security measures announced during COVID-19,2021”. Thus, the Central Government is ready to allocateadditional quantities of food grains to the States for supplyingfood grains to migrant workers after identification. The CentralGovernment may, in consultation with the States, devise aEmechanism to reach migrant labourers especially in this pandemicso that dry ration be provided to them. [Paras 29, 30, 31][198-F-H; 199-A, C-D]

2.5 The Central Government having undertaken todistribute additional quantity of foodgrains as demanded by theFStates/Union Territories for distribution to migrant labourersunder some Scheme framed by the States, Central Government,Department of Food and Public Distribution (Ministry ofConsumer Affairs, Food and Public Distribution) is directed toallocate and distribute foodgrains as per demand of additionalGfoodgrains from the States for disbursement of dry foodgrains tomigrant labourers. [Para 33][199-F-G]

2.6 The States are directed to bring in place an appropriatescheme for distribution of dry ration to migrant labourers for whichit shall be open for States to ask for allocation of additional H

foodgrains from the Central Government, which, shall providethe additional foodgrains to the State. The State shall considerand bring an appropriate Scheme, which may be implemented onor before 31.07.2021. Such scheme may be continued andoperated till the current pandemic (Covid-19) continues.[Para 34][199-G-H; 200-A-B]

3. One Nation One Ration Card

3.1 “One Nation One Ration Card” is a schemeimplemented by the Government of India providing for nation-wide portability of National Food Security Act Ration card. SeveralStates have been integrated under One Nation One Ration Cardcluster at the National level. One Nation One Ration Card is animportant citizen centric reform. Its implementation ensuresavailability of ration to beneficiaries under National Food SecurityAct (NFSA) and other welfare schemes, especially to the migrantworkers and their families at any Fair Price Shop across theCountry. To ensure seamless inter-State portability of the rationcard, Aadhaar seeding of all ration cards as well as BiometricAuthentication of beneficiaries through automation of all FairPrice Shops (AFPS) with installation of electronic- Point of Sale(e-POS) devices are necessary. [Para 35][200-B-E]

3.2 The Union of India, Department of Expenditure haspermitted State-wise additional borrowing for completion of OneNation One Ration Card Scheme. The Solicitor General duringhis submissions has submitted that Four States have not yetimplemented the One Nation One Ration Card Scheme beingthe States of Assam, Chhattisgarh, Delhi and West Bengal.[Para 36][200-E-F]

3.3 When migrant workers are spread throughout theCountry, each State has to implement the scheme, which is anecessary welfare measure towards food security to this class ofpersons. The States are duty bound to implement this Scheme,which is a welfare scheme in the interest of poor and marginalsections of the society. When a migrant labour reaches to aparticular State for work/employment and is covered by NationalFood Security Act Scheme, the receiving State is under duty to ABC

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Aensure that his rights and entitlement under National FoodSecurity Act is not denied merely because of the fact that he isnot in his native State from where he was issued the ration cardunder National Food Security Act scheme. Thus, those Stateswho have not yet implemented One Nation One Ration Cardscheme should implement the same. The States who have notBimplemented the One Nation One Ration Card scheme aredirected to implement the scheme by not later than 31.07.2021.[Paras 37, 38][200-G-H; 201-A-C]

4. Coverage of Rural and Urban population under NationalFood SecurityAct, 2013C

Section 3 of the National Food Security Act, 2013 providesfor Right to receive foodgrains at subsidised prices by personsbelonging to eligible households under Targeted PublicDistribution System. Section 9 provides for coverage of populationunder Targeted Public Distribution System, which is to beDdetermined by the Central Government and the total number ofpersons to be covered in such rural and urban areas of the Stateshall be calculated on the basis of the population estimates asper the census of which the relevant figures have been published.The State-wise coverage under National Food Security Act wasEdetermined 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 ofState-wise coverage. In event, Central Government undertakesfresh determination of the State-wise coverage under NationalFood Security Act, number of beneficiaries State-wise are boundFto increase benefitting the large number of eligible persons. [Paras39, 40][201-D; 202-B-E]

5. Inter-state Migrant Workman (Regulation ofEmployment and Condition of Service) Act, 19795.1 The Parliament enacted the above enactment with aGvery laudable object protecting migrant workers from largenumber of ill-practices. Chapter II deals with registration ofestablishments employing inter-State Migrant Workmen. Section6 contains an injunction that no principal employer of an H

establishment shall employ inter-State migrant workmen in theestablishment unless a certificate of registration in respect ofsuch establishment is issued under the Act. Similarly, ChapterIII deals with licensing of contractors. Section 8(2) provides thata licence under sub-section (1) may contain the terms andconditions of the agreement or other arrangement under whichthe workmen will be recruited, the remuneration payable, hoursof work, fixation of wages and other essential amenities in respectof the inter-State migrant workmen are to be included. Section12 provides for duties and obligations of contractor. Section12(1)(a) provides that it shall be the duty of every contractor tofurnish such particulars and in such form as may be prescribed,to the specified authority in the State from which an inter-Statemigrant workman is recruited and in the State in which suchworkman is employed, within fifteen days from the date ofrecruitment, or, as the case may be, from the date of employment.[Paras 41, 44][202-F-G; 206-C-F]

5.2 Form X under which the information is to be given by acontractor contains various details pertaining to the migrantworkmen. In event, the licensed contractors engage migrantworkmen, he is bound to give the particulars of the migrantworkmen to the specified authorities and it is in the domain ofthe authorities recruiting migrant workers to enable theauthorities to reach the migrant workers and extend the benefitsto which such migrant workers are entitled. The appropriateGovernment is to appoint Inspectors for the purpose of this Act.A direction need to be issued to the States/Union Territories toregister all establishments and license all contractors under theAct and ensure that statutory duty imposed on the contractors togive particulars of the migrant workers is fully complied with.The competent authority while registering the establishmentsand granting license to the contractors may also impose conditionspertaining service condition, journey allowance and other facilitiesas set out in Chapter V of the Act. [Paras 45, 46][207-A-C, E-F]

6. Registration of Unorganised Workers

6.1 The Building and other Construction Workers(Regulation of Employment and Conditions of Service) Act, 1996

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Awas enacted by Parliament to regulate the employment andconditions of service of building and other construction workersand to provide for their safety, health and welfare measures andfor other matters connected therewith. The Act provides forregistration of establishments. Chapter IV provides forregistration of building workers as beneficiaries and alsoBcontemplates issuance of identity cards. [Para 47][207-G-H;208-A-B]

6.2 The other enactment, which has been enacted byParliament to provide for the social security and welfare ofunorganized workers’ is the Unorganised Workers’ Social SecurityCAct, 2008. The Unorganised Workers constitute 94% of the workforce, which is also noticed in the Statement of Objects andReasons. The unorganized workers belong to poor strata ofsociety, less educated and are not much aware of their rights andobligations of their employer. Unorganised workers are also notDable to easily get themselves registered under Act, 2008 so as toenable them to reap the welfare schemes of the CentralGovernment as well as of the State Governments. [Paras 48,49][209-C-D; 210-F-G]

6.3 Although, Code on Social Security, 2020 has receivedEthe Presidential assent in August, 2020 but the same has not yetbeen enforced except the provision for use of Aadhaar. Thus, theregistration under Act, 1996 and Act, 2008 has to continue tillthe provisions of Code on Social Security, 2020 are enforced, theregistration of unorganized workers both under Act, 1996 andAct, 2008 is beneficial to the unorganized workers since it isFonly after registration they are able to access the welfare schemesof the Central Government and the State Governments. Theregistration of the unorganized workers is, thus, pivotal and mostimportant insofar as welfare of workers is concerned. [Para50][211-D-F]G7. NCT Delhi 7.1 In the affidavit dated 08.06.2021 filed on behalf of Stateof NCT Delhi, no details regarding process of registration ofconstruction workers, inter-State migrant workers andunorganized workers have been mentioned. However, in the noteHdated 14.06.2021 submitted on behalf of NCT Delhi with regard

to Act, 1979 and Act, 1996, it has been stated that online portalfor registration of establishments employing migrant workers isin place since December, 2019. It is further mentioned that DelhiInter-State Migrant Workmen (Regulation of Employment andConditions of Service) Rules, 1982 have been notified on04.06.1982. It is further stated that by virtue of Section 2(e),migrant workers themselves cannot register under Act, 1979 andit 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 stepsare being taken by issuing notice to the various employers to getthem registered under Act, 1996. [Para 52][212-A-D]

7.2 This Court had directed the Ministry of Labour andEmployment to make available the module to all States and UnionTerritories for purposes of registration under Act, 2008. In spiteof the above direction which was issued on 21.08.2018, theMinistry of Labour and Employment has not yet been able toprovide the module to all States and Union Territories for thepurpose of registration. Several States have stated in theiraffidavits that they are waiting for the module to be provided bythe Ministry of Labour and Employment to proceed furtherwith the registration of unorganized workers. [Paras 72, 73][218-B-C, G-H]

7.3 The Union of India was directed by order dated24.05.2021 to file a detailed affidavit with regard to process ofregistration of unorganized workers as undertaken by Ministryof Labour and Employment. In pursuance of direction, an affidavithas been filed by the Union of India dated 09.06.2021.[Para 74][219-D-E]

7.4 When the unorganized workers are waiting forregistration and are waiting to reap the benefit of various welfareschemes of the States and Centre, the apathy and lackadaisicalattitude by the Ministry of Labour and Employment isunpardonable. There was urgency in the portal to be finalizedand implemented looking to the pandemic and dire need ofunorganized workers to receive the benefit. The attitude ofMinistry of Labour and Employment in not completing the module AB

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Aeven though directed as early as on 21.08.2018 shows thatMinistry is not alive to the concern of the migrant workers andthe non-action of the Ministry is strongly disapproved. TheSecretary, Ministry of Labour and Employment is directed toensure that National Database for Unorganised Workers (NDUW)portal is finalized and implementation of the portal commencesBon or before 31.07.2021. [Para 75][220-F-H; 221-A]

7.5 To provide access to the migrant workers to differentSchemes of State Government and Central Government,registration is a must. It is impressed upon Central Governmentas well as States and Union Territories to complete the portal forCregistration under National Database for Unorganised Workers(NDUW) project as well as implement the same, which by allmeans may commence not later than 31.07.2021. It is made clearthat after registration is complete, the correction and updating ofthe data should be always possible and which is part of the process.DIt is only after registration of the workers that the States and theCentre shall be able to extend the benefits of the welfare schemesto them. Prior to that unless the registration is complete, tallclaims by all the States and Union that they have implementedvarious welfare schemes for the migrant workers and unorganizedworkers remain only on paper without giving any benefit toEunorganized workers. [Para 76][221-B-D]

8. Community Kitchen

8. Community Kitchen

The States have been running community kitchens duringthe pandemic. State should run the community kitchens atFprominent places where large number of migrant labourers arethere, which community kitchens should be continued at-leasttill the pandemic continues. The States should advertise placeswhere facility of community kitchen/subsidized meals is providedso that no migrant labour, who is unable to arrange for his twomeals can remain hungry. [Para 78][222-G-H; 223-A]G

9. Direct Bank Transfer to unorganized workers.

9.1 All States have filed their affidavits and most of the Stateshave made direct bank transfers to construction workers, whoare registered under Act, 1996. The amount ranging fromRs.1,000/- to Rs.6,000/- has been transferred to the constructionH

workers. Few States have also made transfer to other categoriesincluding auto rickshaw drivers and some other categories. Theright of direct bank transfer flows from a particular scheme framedby a State. In event, a person including a migrant labourer isentitled for any direct bank transfer from any scheme, he canclaim for such entitlement. No such scheme by any State has beenpleaded on record where conscious decision has been taken bythe State to make direct bank transfer to a migrant labourer. Thedirect bank transfer being matter of policy and being in domainof the State, no direction can be issued by this Court for any directbank transfer as claimed by certain applicants/intervenors.In event any person is entitled for direct bank transfer as per theexisting scheme in any State, he can avail the said benefit bythe mechanism as provided in the policy decision. [Para 79][223-A-E]

National Textile Workers’ Union and Others v. P.R.Ramakrishnan and Others (1983) 1 SCC 228:[1983] 1SCR 922 – referred to Case Law Reference [1983] 1 SCR 922referred to Para 15

CIVIL ORIGINAL JURISDICTION: Suo Motu Writ Petition(Civil) No. 6 of 2020

(Under Article 32 of the Constitution of India)

In Re: Problems and Miseries of Migrant Labourers with Writ Petition (C) No.916 of 2020

Tushar Mehta, S.G., K.M. Nataraj, Ms. Aishwarya Bhati, ASGs,S.C. Verma, Amit Kumar, Ashok Parija, Advs. General, Nalin Kohli,Manoj Kumar Singh, Anil Grover, Ajay Bansal, Ms. Garima Prashad,AAGs., Ms. Ankita Choudhary, Dy. Adv. Gen., Dushyant Dave, ColinGonsalves, Maninder Singh, Mrs. Manisha Lavkumar, Dr. Manish Singhvi,Anand Grover, Ms. Indira Jaising, Ms. Gayatri Singh, Sr. Advs., Ms.Cheryl Dsouza, Rahul Gupta for Prashant Bhushan, Gunjan Singh, SatyaMitra, Kanu Agarwal, Rajat Nair, Saurabh Mishra, SugoshSubramaniyam, Prashant Rawat, Prashant Singh, Raj Bahadur Yadav,B.V. Balram Das, Abhimanyu Tiwari, Ms. Eliza Bar, Anil Shrivastav, AB

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AShuvodeep Roy, Ms. Nimisha Menon, Manish Kumar, Sumeer Sodhi,Ms. Simran Agarwal, Chirag M. Shroff, Arun Pedneker, Sachin Patil,Aniruddha P. Mayee, Ms. Deepanwita Priyanka, Rahul Khurana, Ms.Noopur Singhal, Satish Kumar, Sanjay Kumar Visen, Gaurav Yadava,Ms. Veena Bansal, Sushil Kumar A., Abhinav Mukerji, Mrs. Bihu Sharma,Ms. Pratishtha Vij, Tapesh Kumar Singh, Kumar Anurag Singh, AdityaBPratap Singh, Anando Mukherjee, G.M. Kawoosa, Ms. TarunaArdhendumauli Prasad, Parth Awasthi, Shubhranshu Padhi, Ashish Yadav,Rakshit Jain, Vishal Banshal, G. Prakash, Jishnu M.L., Ms. PriyankaPrakash, Ms. Beena Prakash, Rahul Chitnis, Sachin Patil, PukhrambamRamesh Kumar, Ms. Anupama Ngangom, Karun Sharma, Avijit ManiCTripathi, Shaurya Sahay, Ms. Tarini K. Nayak, P.S. Negi, Mrinal ElkerMazumdar, Siddhesh Kotwal, Ms. Manya Hasija, Ms. Ana Upadhyay,Nirnimesh Dube, Ms. K. Enatoli Sema, Amit Kumar Singh, Sibo SankarMishra, Karan Bharihoke, Ms. Neha Sahai Bharihoke, Siddhant Sharma,Sandeep Kumar Jha, Raghvendra Kumar, Anand Kumar Dubey, NishantVerma, Narendra Kumar, Kabir Shankar Bose, Dr. Joseph Aristotle S.,DD. Kumanan, S. Udaya Kumar Sagar, Ms. Sweena Nair, Ms. RuchiraGoel, Dr. Abhishek Atrey, Ms. Vidyottma Jha, Ms. Ambika Atrey, SuhaanMukerji, Ms. Liz Mathew, Vishal Prasad, Nikhil Parikshith, AbhishekManchanda, Sayandeep Pahari for PLR Chambers & Co., K.V.Jagdishvaran, Ms. G. Indira, Nikhil Goel, Naveen Goel, Dushyant Sarna,EVinay Mathew, Kanu Agarwal, Rajat Nair, Saurabh Mishra, SugoshSubramaniyam, Prashant Rawat, Raj Bahadur Yadav, Ms. Pinky Behera,Ms. Shashi Juneja, Aravindh S., A. Lakshminarayanan, Ms. RonitaBhattacharya, Ms. Megha Chandra, Nupur Kumar, Paras Nath Singh,Ms. Ujjaini Chatterji, Nitin Mishra, Ms. Mitali Gupta, Advs. for appearingparties.F

The Judgment of the Court was delivered by ASHOK BHUSHAN, J.

1. The Worldwide Pandemic COVID-19 engulfed this country inMarch, 2020 and continues till date changing its face from time to time.GDifferent mutations in the virus have made it dangerous and fatal attimes. The pandemic had affected each and every person in the worldincluding all citizens of this country. The pandemic has adversely affectedall businesses including the small scale businesses, industries, marketsand smallest of the person.H

2. One of the groups, which were severally affected by thepandemic, was the migrant labouers. When Nationwide Lockdown wasdeclared on 24.03.2020, after few days, there was huge exodus of themigrant labourers from their place of work to their native places. Twoprimary reasons which resulted in the exodus were cessation ofemployment due to lockdown and fear of the pandemic. When largenumber of migrant labourers started walking on highways on foot, cyclesand other modes of transports without food and facing several untoldmiseries, this Court suo motu took cognizance of the problems andmiseries of the migrant labourers by its order dated 26.05.2020 on whichdate, this Suo Motu Writ Petition had been registered. We had issued thenotice to the Union of India and all States / Union Territories and directedthe learned Solicitor General to assist the Court and by the next date ofhearing bring in the notice of the Court all measures and steps taken bythe Government of India and to be taken in this regard.

3. In pursuance of our order dated 26.05.2020 affidavits werefiled. Apart from filing of affidavit by the Central Government, States/Union Territories, few persons also filed intervention application in thiswrit petition bringing into notice of this Court several facts, figures andsuggested different measures for ameliorating the conditions of themigrant labourers. One of the major issues, which, at that time, was tobe tackled by the States and Union Territories was the transportation ofmigrant labourers from their work place to their native places.

4. We had issued certain directions on 28.05.2020 and thereafterissued 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 theiraffidavits have referred to various measures, the orders andguidelines issued by the Central Government, the orders issuedby the National Executive Committee under the DisasterManagement Act, 2005, policies and decisions taken by theconcerned States. The States and Union Territories claimed to befollowing all directions and policies and taking necessary stepsfor running the relief camps, shelter camps, attending the needsof food and water of the migrants, attending the requirement oftransportation of migrant workers to their native places. Therecan be no exception to the policies and intentions of the State butwhat is important is that those on whom implementation of AB

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SUPREME COURT REPORTS

Acirculars, policies and schemes are entrusted are efficiently andcorrectly implementing those schemes. Lapses and short-comingsin implementing the schemes and policies have been highlightedby various intervenors in their applications and affidavits. Theresponsibility of the States/Union Territories is not only to referringtheir policy, measures contemplated, funds allocated but there hasBto be strict vigilance and supervision as to whether those measures,schemes, benefits reaches to those to whom they are meant. Weimpress on States and Union Territories to streamline the vigilanceand supervision of actions of their officers and staff and takeappropriate action where required. We also have no doubt thatCmost of the officers, staff of administration and police aredischarging their duties with devotion and hard-work but the lapseshave to be taken note of and remedial action be taken. We furthernotice from the materials on record that police officers of States,para-military forces wherever deployed are doing commendablejob but some instances of excess with regard to migrant labourersDare also there. The migrant labourers, who were forced to proceedto their native place, after cessation of their employment arealready suffering. The Financial difficulty being with all the migrantlabourers invariably they have to dealt by the police and otherauthorities in a humane manner. The concerned Director GeneralEof Police/Police Commissioner may issue necessary directions inthis regard.”5. Further eight directions were issued by this Court by Orderdated 09.06.2020, which were to the following effect:- “35. We, thus, in addition to directions already issued by our orderFdated 28.05.2020 and measures as directed above, issue followingfurther directions to the Central Government, all States and UnionTerritories:

(1) All the States/Union Territories shall take all necessarysteps regarding identification of stranded migrantGworkers in their State which are willing to return to theirnative places and take steps for their return journey bytrain/bus which process may be completed within aperiod of 15 days from today.

(2) In event of any additional demand, in addition to demandHof 171 Shramik trains, as noticed above, railway shall provide Shramik trains within a period of 24 hours assubmitted by learned Solicitor General to facilitate thereturn journey of migrant workers.

(3) The Central Government may give details of all schemeswhich can be availed by migrant workers who havereturned to their native places.

(4) All States and Union Territories shall also give details ofall schemes which are current in the State, benefit ofwhich can be taken by the migrant labourers includingdifferent schemes for providing employment.

(5) The State shall establish counselling centres, help deskat block and district level to provide all necessaryinformation regarding schemes of the Government andto extend helping hand to migrant labourers to identifyavenues of employment and benefits which can beavailed by them under the different schemes.

(6) The details of all migrant labourers, who have reachedtheir native places, shall be maintained with details oftheir skill, nature of employment, earlier place ofemployment. The list of migrant labourers shall bemaintained village wise, block wise and district wise tofacilitate the administration to extend benefit of differentschemes which may be applicable to such migrantworkers.

(7) The counselling centres, established, as directed above,shall also provide necessary information by extendinghelping hand to those migrant workers who havereturned to their native places and who want to returnto their places of employment.

(8) All concerned States/UTs to consider withdrawal ofprosecution/complaints under Section 51 of DisasterManagement Act and other related offences lodgedagainst the migrant labourers who alleged to haveviolated measures of Lockdown by moving on roadsduring the period of Lockdown enforced under DisasterManagement Act, 2005.”

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A6. In pursuance of our directions dated 09.06.2020, all States/Union Territories took steps and within a short period, migrant labourerswere transported to their native places. On 31.07.2020, the matter wasagain heard. We, in our order dated 09.06.2020, had referred to followingthree enactments:-Bi)Inter-State Migrant Workmen (Regulation of Employmentand Conditions of Service)Act, 1979;

ii)Construction Workers (Regulation of Employment andConditions of Service) Act, 1996; and

iii)Unorganized Workers’ Social Security Act, 2008.C

7. We had directed all the States to file their response in respectto implementation of the aforesaid three enactments. On 31.07.2020,we further granted three weeks’ time to the States to file affidavit incompliance to order dated 09.06.2020. In pursuance of our orders dated09.06.2020 and 31.07.2020, Central Government, States and UnionDTerritories took various measures to implement the orders of this Courtand to remedy the grievances of the migrant labourers. The measurestaken by different Governments although could not fully ameliorate theconditions of the migrant labourers but brought some solace in the firstwave of pandemic and willing migrant labourers reached their nativeEplaces. It has also been submitted that after few months, large numberof migrant labourers again proceeded to their work place in search ofemployment since at their native place, they were not able to get suitableemployment to sustain themselves.

8. The Covid-19, which was declared pandemic by World HealthFOrganisation on 30th January, 2020 continues even today. The intensityof the pandemic varied from time to time, after March, 2021, the secondwave of pandemic hit the country and the number of cases startedincreasing throughout the country. The different States including NCTDelhi took different measures including restrictions, night curfews andlockdown in April, 2021. There has been the migrant workers workingGat several places including NCT Delhi, State of Maharashtra, State ofGujarat, State of Karnataka, who again started proceeding to their nativeplaces fearing the same situation which occurred in first nationwidelockdown, which was imposed in March, 2020. An I.A. No.58769 of2021 was filed in the writ petition seeking directions from the Courtspecifically praying for direction to distribute dry ration to migrantH

workers, facilitating their transport either by road or by train to theirnative places and with request to direct for running of community kitchenfor migrant labourers so that they and their family members could gettwo meals a day.

9. On 13.05.2021, we while entertaining the petition and askingthe few States for reply, issued following interim directions:- “[2.0] After having heard learned counsel for the parties we directthe Central Government as well as the Government of State ofNCT of Delhi, State of U.P. and State of Haryana (for the Districtsincluded in the NCR) to file a reply to the application suggestingmeans and measures by which they shall ameliorate miseries ofstranded migrant labourers. We also issue notice on the applicationto State of Maharashtra, State of Gujarat and State of Bihar tofile their reply giving the details of the measures which theypropose to take to ameliorate the miseries of migrant workersregarding transportation of stranded migrant workers and providingdry 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 Regionunder Atma Nirbhar Bharat Scheme or any other scheme beprovided by the Union of India, NCT of Delhi, State of U.P.and State of Haryana utilising the Public Distribution Systemprevalent in each State with effect from May, 2021. Whileproviding dry ration the authorities of the States shall not insiston an identity card for those migrant labourers who do notpossess for the time being and on self-declaration made by thestranded migrant labourers dry ration be given to them.

(2) NCT of Delhi, State of U.P. and State of Haryana (for theDistricts included in the NCR) shall ensure that adequatetransport is provided to stranded migrant labourers (in theNational Capital Region) who want to return to their home.The District Administration in coordination with PoliceAdministration may identify such stranded migrant labourersand facilitate their transport either by road transport or train.The Union of India may also issue necessary instructions toMinistry of Railways to take necessary and adequate measuresto cater the need of migrant labourers.

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(3) NCT of Delhi, State of U.P. and State of Haryana (for theDistricts included in the NCR) shall open community kitchenat welladvertised places (in the National Capital Region) forstranded migrant labourers so that they and their familymembers who are stranded could get two meals a day.”

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B10. Subsequent to the order dated 13.05.2021, the matter wasagain 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 hasbeen brought on record as Annexure R-14 has also stated thatCefforts should be made by States/Union Territories to encouragemigrant NFSA beneficiaries to use the facility of portability underOne Nation One Ration Card (ONORC) to those migrants.

15. We, thus, direct that migrant workers wherever strandedthroughout the country should be provided the dry ration underDthe Atma Nirbhar Scheme or any other scheme is found suitableby the States/Centre.”

11. The writ petition again came for hearing before this Court on11.06.2021, on which day, after hearing learned counsel for the partiesincluding learned counsel for the intervenors, we closed the hearing.

E12. We have heard Shri Tushar Mehta, learned Solicitor Generalfor India, Shri Dushyant Dave and Shri Colin Gonsalves, learned seniorcounsel for applicants. We have also heard learned counsel for thedifferent States/Union Territories.

13. According to survey carried out by National Statistics OfficeF(NSO) in 2017-2018, there are around 38 crores workers engaged in theunorganized sectors. Thus, the number of persons in the unorganizedsector is more than 1/4th population of the entire country. Theseunorganized workers did not have any permanent source of employmentand have engaged themselves in small time vocations and occupationsat various places away from their native places. Contributions of theseGlabourers towards different projects, industries, make considerableadditions in the economic development of the country.

14. Our Constitution enjoins that the ownership and control of thematerial resources of the community are for promoting welfare of thepeople by securing social and economic justice to the weaker section soH

as to sub-serve the common good to minimize inequalities in income andendeavour to eliminate inequality in status.

15. Both, in the first and the second wave of the pandemic, migrantworkers had been exposed to financial and other forms of hardships dueto their limited access and claim to the welfare resources offered by theStates/Union Territories. The migrant labourers are particularlyvulnerable to the economic regression. A Constitution Bench of this Courtin National Textile Workers’ Union and Others Vs. P.R. Ramakrishnanand Others, (1983) 1 SCC 228 while dealing with the right of workmenof company had made weighty observations regarding the nature oflabour which is put by the workers while working in a company. Theobservations made by the Constitution Bench are more pertinent inrespect to unorganized workers, who do not even have consistent andregular employment. Bhagwati, J. speaking for the majority in paragraph6 of the judgment observed:-

“6. …………………………….The workers therefore have aspecial place in a socialist pattern of society. They are no morevendors of toil; they are not a marketable commodity to bepurchased by the owners of capital. They are producers of wealthas much as capital. They supply labour without which capital wouldbe impotent and they are, at the least, equal partners with capitalin the enterprise. Our Constitution has shown profound concernfor the workers and given them a pride of place in the new socio-economic order envisaged in the Preamble and the DirectivePrinciples of State Policy. The Preamble contains the profounddeclaration pregnant with meaning and hope for millions ofpeasants and workers that India shall be a socialist democraticrepublic where social and economic justice will inform allinstitutions of national life and there will be equality of status andopportunity for all and every endeavour shall be made to promotefraternity ensuring the dignity of the individual. Everyone is assuredunder Article 14 equality before the law and equal protection ofthe laws and implicit in this provision is the guarantee of equalremuneration for men and women for same work or work of asimilar nature. …………………………………………….”

16. When the migrant labourers form more than 1/4th populationof the country, all Governments/authorities have to take special careregarding welfare of these migrant workers/labourers. The Parliament AB

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Ahas enacted various legislations to safeguard the interest and welfare ofthe migrant labourers, which we shall notice hereinafter.

17. The Right to Life as guaranteed by Article 21 of the Constitutiongives right to every human being to live a life of dignity with access toat-least bare necessities of life. To provide food security to impoverishedBpersons is the bounden duty of all States and Governments. TheParliament with object to provide food and nutritional security in humanlife cycle had enacted the National Food Security Act, 2013. In paragraph3 of the Statement of Objects and Reasons of the Act, following wasstated:- C “3. Ensuring food security of the people, however, continues tobe a challenge. The nutritional status of the population, andespecially of women and children, also needs to be improved toenhance the quality of human resource of the country. Theproposed legislation marks a paradigm shift in addressing theproblem of food security—from the current welfare approach toDa right based approach. Besides expanding coverage of theTargeted Public Distribution System, the proposed legislation wouldconfer legal rights on eligible beneficiaries to receive entitledquantities of foodgrains at highly subsidised prices. It will alsoconfer legal rights on women and children to receive meal free ofEcharge.”

18. Those who have been identified as beneficiary under NationalFood Security Act, 2013 are provided dry rations as per the Centre andStates’ Schemes. In event, a migrant labour is covered under the NationalFood Security Act, 2013 and had been issued a ration card under theFAct, he is entitled to access the dry ration wherever he is, at his workplace also, in accordance with scheme of the Central Government namely“One Nation One Ration Card”.

19. Before us, in these proceedings, learned counsel appearingfor applicants/intervenors have raised concerns regarding non-supply ofGdry ration to large section of migrant workers, who are not coveredunder the National Food Security Act, 2013 and who does not possessration card.

20. Both the Central Government and the State Governments havefloated various schemes for unorganized workers, building andconstruction workers but sad picture of the ground reality is that largeH

number of beneficiaries are deprived from access to these welfareschemes of the Central Government or the State Governments. In thispetition, we had issued various directions earlier regarding the registrationof unorganized workers but the progress has not been satisfactory rathershows lethargy on the part of the concerned Government.

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21. From the affidavits, which have been filed by the States, it isclear that in most of the States, the stranded migrant labourers, whowanted to go to their native places during the second wave of thepandemic have been facilitated by the concerned State Government asper our directions issued from time to time in this writ petition. Thus, nofurther directions are required in respect to facilitating the transportationof migrant workers.

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22. The main subjects with which we are concerned in thisproceeding are:-

(i) Entitlement of dry ration by migrant workers who are notcovered by the National Food Security Act, 2013 and whoDdoes not possess a ration card;

(ii) The implementation of “One Nation One Ration Card” byStates and Union Territories;

(iii) Coverage of Rural and Urban population under National FoodSecurity Act, 2013;E

(iv) The Inter-State Migrant Workmen (Regulation ofEmployment and Conditions of Service)Act, 1979, its workingand implementation;

(v) The registration of unorganized workers’

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(a) under the legislations namely 1996 Act and 2008 Actand the steps taken by different State Governments inthe above regard; (b) The project – National Database for the UnorganisedWorkers (NDUW) of Ministry of Labour andGEmployment, Government of India; and

(c) The mechanism to ensure access by migrant labourersto different welfare schemes of the Central Governmentand the State Governments.

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A(vi)Community Kitchen for Migrant Labourers by States/UnionTerritories; and

(vii) Direct Bank Transfer to unorganized workers.

(i) Dry Ration to Migrant Workers

B23. Shri Dushyant Dave and Shri Colin Gonsalves, learned seniorcounsel have submitted that migrant workers are great sufferers in thispandemic and those who do not possess any ration card are entitled todry ration. It is submitted that the Central Government itself in the firstwave of pandemic has provided dry ration for two months, i.e., May andJune, 2020 under Atma Nirbhar Bharat Scheme. The submission is thatCthe Central Government needs to extend the Atma Nirbhar BharatScheme in view of the second wave of the pandemic. The Union ofIndia has filed affidavits dated 23.05.2020 and 09.06.2021. In the affidavitdated 09.06.2021, in paragraphs 4 and 8, following has been stated: - “4. It is further submitted that, the Atma Nirbhar Bharat SchemeDwas valid for only May and June, 2020. However, vide thisDepartment’s letter dated 20.05.2021 States/UTs, have beenadvised that they may use the various other schemes launched/renewed as detailed above, to get additional quantities of foodgrainsat subsidized rates, as per the need, from the FCI, for distributionEto selected target groups including other migrants/strandedmigrants, as per locally assessed requirements.

8. It is respectfully submitted that, in view of the situation arisingdue to spread of COVID-19 pandemic during last year, underAtma Nirbhar Bharat Package(ANBP), the Department of FoodFand Public Distribution (DFPD) vide letter dated 15.05.2020 hadliberally allotted about 8 Lakh Metric Tonne (LMT) of additionalfood grain (4LMT per month, i.e. around 10% of monthly NFSAallocation) covering all the States/UTs for migrants/strandedmigrants @5Kg per person per month free of cost for a period oftwo months(May and June, 2020). It is stated that, both migrantsGand stranded migrants were covered under the scheme, subjectto the condition that such migrants/stranded migrants are neithercovered under NFSA nor have they been issued State SchemePDS Cards by the State/UT, in which they were at that time.However, States/UTs later come out with approximaterequirements for about 2.8 crore total migrant/stranded migrant G

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population. The responsibility for identifying such migrants/strandedmigrants was given to the respective States/UTs…..”

24. Those migrant workers, who possess the ration card and arecovered under the National Food Security Act, 2013 can avail the dryration utilising their card even in the State where they have migrated forwork. Real difficulty arises with regard to migrant workers who do notpossess any card issued under National Food Security Act or even byrespective States. There is a large number of such migrants who do notpossess any card. Their above disability is due to their poverty and lackof education but the State cannot abdicate its duty towards such persons,especially in the wake of the pandemic and the events where largenumbers of migrant workers are not able to get jobs which may satisfytheir basic needs.

25. The affidavit of Union of India indicates that under AtmaNirbhar Bharat Scheme, which was issued by the Department of Foodand Public Distribution, migrants/stranded migrants were covered and 5Kg per person per month free of cost dry ration for a period of twomonths was given. It was the States, who identified about 2.8 croremigrant population in the first wave of pandemic, which is clearly statedin paragraph 8 of the affidavit of Union of India as noted above. Whenthere is identification by the States of 2.8 crore migrants, there is nodifficulty for the State in reaching such migrants and supplying dry rationto those who may still be at their identified places. The Union of India inits affidavit has clearly stated that the Union of India is ready and willingto provide the additional food grains to the States under various schemesin event such request is made by the States/UTs.

26. The Union of India submits that there is no lack of food grainsnor the Central Government is shirking from its responsibility to providedry ration to migrant workers. It is submitted by the learned SolicitorGeneral that identification of such migrant workers and distribution ofdry ration is to be done by respective States/UTs. He further submitsthat each State/Union Territory can devise appropriate schemes forproviding dry ration to migrant workers.

27. Various States have filed their affidavits. From the affidavitsfiled by different States, it does appear that although some States havedevised certain schemes for distribution of dry ration to migrant workers,most of the States do not have such schemes. Several States have not AB

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Amentioned any scheme under which in the second wave of pandemicany ration has been distributed to the migrant workers. State of Gujarathas referred to a scheme namely ‘Annambrahma’ Scheme which schemehas been once again implemented and as on date is current. However,no details have been given as to how many migrant workers have beenprovided dry ration in this second wave of pandemic.B

28. It has been stated on behalf of State of NCT Delhi that acabinet decision has been taken on 25.05.2021 where it has been statedthat dry rations to Non-PDS be provided at the same entitlement asspecified under National Food Security Act, 2013. A statement has beenmade as under:-C

“Vide Cabinet Decision No.3004 dated 25.05.2021. it has beendecided that Dry Rations (food grains) under Non-PDS to beprovided at the same entitlement as specified under NFS Act 2013which is 5 Kg food grains (4 Kg wheat and 1 Kg rice per personper month) free of cost to the needy persons who don’t possessDration cards, including unorganized workers, migrant workers,building and construction workers, domestic help from a schoolidentified in each Municipal wards of Delhi. The beneficiary hasto visit the designated schools to collect this non-PDS ration. Thisscheme has been operationalized w.e.f. 5th June, 2021 and isEenvisaged for 20 Lakh beneficiaries.”

29. Most of the States have been harping on providing food grainsfree of cost for two months, i.e., May and June, 2020. The State of WestBengal has stated that there is no scheme for providing dry ration tomigrant workers. The States/Union Territories who are responsible forFPublic Distribution System and who are the agency to reach beneficiaryhave to devise the scheme to cater the needs of migrant workers andfind out ways and means to reach those migrant workers and supply thedry ration. Especially during this pandemic, the States/Union Territorieshave to make extra efforts to reach migrant labourers so that no migrantlabourer is denied two meals a day.G

30. The Union of India in paragraphs 7 and 8 has mentioned thatMinistry has extended various schemes to enable all States/UTs to obtainadditional quantities of food grains. The Union of India has also referredto Circular dated 20.05.2021 issued by Government of India, Ministry ofConsumer Affairs, which states on the subject “various food security H

measures announced during COVID-19, 2021”, in paragraph 3, followinghas been stated : - “3. In addition to actively promoting the use of portability throughOne nation One Ration Card (ONORC) for NFSA beneficiaries,it is advised that States/UTs may also use the different schemesdetailed above to get additional quantities of food grains, as perthe need, from the FCI, for distribution to selected target groupsincluding other migrants/stranded migrants, as per locally assessedrequirements.”

31. As noted above, the Central Government is ready to allocateadditional quantities of food grains to the States for supplying food grainsto migrant workers after identification. The Central Government may, inconsultation with the States, devise a mechanism to reach migrantlabourers especially in this pandemic so that dry ration be provided tothem.

32. There has been worldwide awareness regarding right to foodto human being. Our country is no exception. Lately, all Governmentshave been taking steps and taking measures to ensure that no humanbeing should be affected by hunger and no one dies out of hunger. Thebasic concept of food security globally is to ensure that all people, at alltimes, should get access to the basic food for their active and healthylife. The Constitution of India does not have any explicit provisionregarding right to food. The fundamental right to life enshrined in Article21 of the Constitution may be interpreted to include right to live withhuman dignity, which may include the right to food and other basicnecessities.

33. The Central Government having undertaken to distributeadditional quantity of foodgrains as demanded by the States/UnionTerritories for distribution to migrant labourers under some Schemeframed by the States, we direct the Central Government, Department ofFood and Public Distribution (Ministry of Consumer Affairs, Food andPublic Distribution) to allocate and distribute foodgrains as per demandof additional foodgrains from the States for disbursement of dry foodgrainsto migrant labourers.

34. We further direct the States to bring in place an appropriatescheme for distribution of dry ration to migrant labourers for which itshall be open for States to ask for allocation of additional foodgrains A

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Afrom the Central Government, which, as directed above, shall providethe additional foodgrains to the State. The State shall consider and bringan appropriate Scheme, which may be implemented on or before31.07.2021. Such scheme may be continued and operated till the currentpandemic (Covid-19) continues.

B(ii) One Nation One Ration Card

35. “One Nation One Ration Card” is a scheme implemented bythe Government of India providing for nation-wide portability of NationalFood Security Act Ration card. Several States have been integratedunder One Nation One Ration Card cluster at the National level. In theCaffidavit, the Department of Expenditure, Ministry of Finance, has grantedadditional drawing permission to States for completing One Nation OneRation Card system. One Nation One Ration Card is an important citizencentric reform. Its implementation ensures availability of ration tobeneficiaries under National Food Security Act (NFSA) and other welfareschemes, especially to the migrant workers and their families at any FairDPrice Shop across the Country. To ensure seamless inter-State portabilityof the ration card, Aadhaar seeding of all ration cards as well as BiometricAuthentication of beneficiaries through automation of all Fair Price Shops(AFPS) with installation of electronic- Point of Sale (e-POS) devicesare necessary.E

36. As stated above, the Union of India, Department of Expenditurehas permitted State-wise additional borrowing for completion of OneNation One Ration Card Scheme. Shri Tushar Mehta, learned SolicitorGeneral during his submissions has submitted that Four States have notyet implemented the One Nation One Ration Card Scheme being theFStates of Assam, Chhattisgarh, Delhi and West Bengal.

37. Learned counsel appearing for Delhi submits that Governmentof NCT Delhi has implemented the One Nation One Ration CardScheme. Shri Tushar Mehta’s submission is that the Government of NCTDelhi has not implemented the scheme fully and only in one circle, i.e.,GCircle No.63, Seemapuri, only a handful of transactions with 42 e-POSmachines have been done. One Nation One Ration Card scheme is oneof the important welfare measures to extend food security to migrantswho are covered under the National Food Security Act Scheme. Whenmigrant workers are spread throughout the Country, each State has toimplement the scheme, which is a necessary welfare measure towardsHfood security to this class of persons. The States are duty bound to implement this Scheme, which is a welfare scheme in the interest ofpoor and marginal sections of the society. When a migrant labour reachesto a particular State for work/employment and is covered by NationalFood Security Act Scheme, the receiving State is under duty to ensurethat his rights and entitlement under National Food Security Act is notdenied merely because of the fact that he is not in his native State fromwhere he was issued the ration card under National Food Security Actscheme.

38. We, thus, are of the view that those States who have not yetimplemented One Nation One Ration Card scheme should implementthe same. We direct the States who have not implemented the OneNation One Ration Card scheme to implement the scheme by not laterthan 31.07.2021.

(iii) Coverage of Rural and Urban population under NationalFood Security Act, 2013.

39. Section 3 of the National Food Security Act, 2013 providesfor Right to receive foodgrains at subsidised prices by persons belongingto eligible households under Targeted Public Distribution System. Sections3(1) and 3(2) are as follows:- “3.Right to receive foodgrains at subsidised prices by personsbelonging to eligible households under Targeted Public DistributionSystem.-- (1) Every person belonging to priority households,identified under sub-section (1) of section 10, shall be entitled toreceive five kilograms of foodgrains per person per month atsubsidised prices specified in Schedule I from the StateGovernment under the Targeted Public Distribution System:

Provided that the households covered under AntyodayaAnna Yojana shall, to such extent as may be specified by theCentral Government for each State in the said scheme, be entitledto thirty-five kilograms of foodgrains per household per month atthe prices specified in Schedule I:

Provided further that if annual allocation of foodgrains toany State under the Act is less than the average annual off takeof foodgrains for last three years under normal Targeted PublicDistribution System, the same shall be protected at prices as maybe determined by the Central Government and the State shall beallocated foodgrains as specified in Schedule IV.

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AExplanation.— For the purpose of this section, the"Antyodaya Anna Yojana" means, the scheme by the said namelaunched 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 eligibleBhouseholds referred to in sub-section (1) at subsidised prices shallextend up to seventy-five per cent. of the rural population and upto fifty per cent. of the urban population.”

40. Section 9 provides for coverage of population under TargetedPublic Distribution System, which is to be determined by the CentralCGovernment and the total number of persons to be covered in such ruraland urban areas of the State shall be calculated on the basis of thepopulation estimates as per the census of which the relevant figureshave been published. The State-wise coverage under National FoodSecurity Act was determined by the then Planning Commission (nowNiti Aayog) by using the NSS Household Consumption Survey data forD2011-2012. More than 10 years have elapsed from determination of State-wise coverage. In event, Central Government undertakes freshdetermination of the State-wise coverage under National Food SecurityAct, number of beneficiaries State-wise are bound to increase benefittingthe large number of eligible persons. We, thus, are of the view thatECentral Government need to take steps to undertake exercise underSection 9 of the National Food Security Act, 2013 to re-determine thetotal number of persons to be covered under Rural and Urban areas ofthe State, which shall be beneficial to large number of persons.

(iv) Inter-state Migrant Workman (Regulation ofFEmployment and Condition of Service) Act, 1979

41. The Parliament enacted the above enactment with a verylaudable object protecting migrant workers from large number of ill-practices. The Statement of Objects and Reasons of the enactmentelaborately noticed the object and purpose of the enactment, which is toGthe 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 systemprevalent in Orissa and in some other States. In Orissa, Dadan H

Labour is recruited from various parts of the State throughcontractors or agents called Sardars/ Khatadars for work outsidethe State in large construction projects. This system lends itself tovarious abuses. Though the Sardars promise at the time ofrecruitment that wages calculated on piece-rate basis would besettled every month, the promise is not usually kept. Once theworker comes under the clutches of the contractor, he takes himto a far-off place on payment of railway fare only. No workinghours are fixed for these workers and they have to work on allthe days in a week under extremely bad working conditions. Theprovisions of the various labour laws are not being observed intheir 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 ofprotection and welfare of Dadan Labour recommended the settingup of a small Compact Committee to go into the whole questionand to suggest measures for eliminating the abuses prevalent inthis system. The inter-State migrant workmen are generallyilliterate, unorganised and have normally to work under extremelyadverse conditions and in view of these hardships, someadministrative and legislative arrangements both in the State fromwhere they are recruited and also in the State where they areengaged for work are necessary to secure effective protectionagainst their exploitation. The Compact Committee which wasconstituted in February, 1977, therefore, recommended theenactment of a separate Central legislation to regulate theemployment of inter-State migrant workmen as it was felt thatthe provisions of the Contract Labour (Regulation and Abolition)Act, 1970, even after necessary amendments would not adequatelytake care of the variety of malpractices indulged in by thecontractors/Sardars/Khatadars, etc., and the facilities required tobe provided to these workmen in view of the peculiarcircumstances in which they have to work.

3. The recommendations of the Compact Committee have beenexamined in consultation with the State Governments and theMinistries of the Government of India and the suggestions madeby them have been taken into account in formulating the proposalsfor legislation. The main features of the Bill are as follows:- ABC

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A(i)The proposed legislation will apply to every establishment inwhich five or more inter-State migrant workmen are employedor were employed on any day of the preceding twelvemonths. It will also apply to every contractor who employsor employed five or more inter-State migrant workmen onany day of the preceding twelve months.B

(ii) The establishment proposing to employ inter-State migrantworkmen will be required to be registered with registeringofficers appointed under the Central Government or the StateGovernments, as the case may be, depending on whetherthe establishment falls under the Central sphere or StateCsphere. Likewise, every contractor who proposes to recruitor employ inter-State migrant workmen will be required toobtain a licence from the specified authority both of the Stateto which the workman belongs (home State) and the State inwhich he is proposed to be employed (host State).

D(iii)The contractor will be required to furnish particulars regardingthe workmen in the form to be prescribed by rules to thespecified authority of both the home State and the host State.The contractor will also be required to issue to every workmanemployed by him, a pass book containing the details of theEemployment.

(iv) Specific guidelines have been indicated regarding the wagespayable to inter-State migrant workman and he is requiredto be paid wages from the date of his recruitment.

(v) The inter-State migrant workman will be entitled to aFdisplacement allowance and a journey allowance in additionto his wages.

(vi) The amenities that are required to be provided to the workmenwould include provision of suitable residential accommodation,adequate medical facilities, protective clothing to suit varyingGclimatic conditions and suitable conditions of work takinginto account that they have migrated from another State.

(vii) Inspectors will be appointed by the appropriate Governmentto see that the provisions of the legislation are being compliedwith. In addition, power has been given to the StateHGovernment of the home State to appoint, after consultation with the Government of the host State, inspectors for visitingthe establishments wherein workmen from the former Stateare employed to see whether the provisions of the legislationare being complied with in the case of such workmen.

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(viii) The inter-State migrant workman may raise an industrialdispute arising out of his employment either in the host StateBor in the home State after his return to that State after thecompletion of the contract of employment. He will also bepermitted to apply for the transfer of proceedings in relationto an industrial dispute pending before an authority in thehost State to the corresponding authority in the Home StateCon the ground that he has returned to the State after thecompletion of his contract.

(ix) Deterrent punishments have been proposed for thecontravention of the provisions of the legislation.”

42. Section 1(4) provides for applicability of the Act in followingmanner:- D

“1(4) It applies-

(a) to every establishment in which five or more inter-State migrantworkmen (whether or not in addition to other workmen) areemployed or who were employed on any day of the precedingtwelve months; E

(b) to every contractor who employs or who employed five ormore inter-State migrant workmen (whether or not in addition toother workmen) on any day of the preceding twelve months.”

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43. Section 2 is a definition clause. Sub-clause(b) defines“contractor” and sub-clause(e) defines “inter-state migrant workman”as follows:- “2. Definitions.- (1) In this Act, unless the context otherwiserequires,- G

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(b) "contractor", in relation to an establishment, means a personwho undertakes (whether as an independent contractor, agent,employee or otherwise) to produce a given result for theestablishment, other than a mere supply of goods or articles H

Aof manufacture to such establishment, by the employmentof workmen or to supply workmen to the establishment, andincludes a sub-contractor, Khatadar, Sardar, agent or anyother person, by whatever name called, who recruits oremploys workmen; B(e)"inter-State migrant workman" means any person who isrecruited by or through a contractor in one State under anagreement or other arrangement for employment in anestablishment in another State, whether with or without theknowledge of the principal employer in relation to suchestablishment;”C

44. Chapter II deals with registration of establishments employinginter-State Migrant Workmen. Section 6 contains an injunction that noprincipal employer of an establishment shall employ inter-State migrantworkmen in the establishment unless a certificate of registration in respectof such establishment is issued under the Act. Similarly, Chapter IIIDdeals with licensing of contractors. Section 8(2) provides that a licenceunder sub-section (1) may contain the terms and conditions of theagreement or other arrangement under which the workmen will berecruited, the remuneration payable, hours of work, fixation of wagesand other essential amenities in respect of the inter-State migrantEworkmen are to be included. Section 12 provides for duties and obligationsof contractor. Section 12(1)(a) provides that it shall be the duty of everycontractor to furnish such particulars and in such form as may beprescribed, to the specified authority in the State from which an inter-State migrant workman is recruited and in the State in which suchworkman is employed, within fifteen days from the date of recruitment,For, as the case may be, from the date of employment. In the Rulesframed namely “the Inter-State Migrant Workmen (Regulation ofEmployment and Conditions of Service) Central Rules, 1980”, Rule 21provides for following:-

“21. Particulars of migrant workman.- (1) Every contractorGshall furnish to the specified authorities the particulars regardingrecruiting and employment of migrant workmen in Form X.

(2) The particulars shall be either personally delivered by thecontractor to the concerned specified authorities or sent to themby registered post.”

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45. Form X under which the information is to be given by acontractor contains various details pertaining to the migrant workmen.In event, the licensed contractors engage migrant workmen, he is boundto give the particulars of the migrant workmen to the specified authoritiesand it is in the domain of the authorities recruiting migrant workers toenable the authorities to reach the migrant workers and extend thebenefits to which such migrant workers are entitled. Chapter VI of theAct deals with inspecting staff and Section 20 deals with Inspectors.The appropriate Government is to appoint Inspectors for the purpose ofthis Act.

46. Learned counsel appearing for different applicants andintervenors have contended that though 1979 enactment has beenimplemented by several States but neither there is proper licensing ofcontractors nor registration of establishments due to which the migrantworkers are not able to reap the benefit to which they are entitled.References of different State, i.e., State of Karnataka (2017), State ofKerala (2018) have been made where it has been stated that 1979enactment has not been implemented. A legislation which has beenenacted by the Parliament as a welfare measure for the migrant workersneeds to be strictly implemented. The affidavits filed on behalf of differentStates and Union Territories does not give any facts and figures pertainingto implementation of the Act. Non-implementation of the Act adverselyaffects the rights of migrant workers. We, thus, are of the view that adirection need to be issued to the States/Union Territories to register allestablishments and license all contractors under the Act and ensure thatstatutory duty imposed on the contractors to give particulars of the migrantworkers is fully complied with. The competent authority while registeringthe establishments and granting license to the contractors may also imposeconditions pertaining service condition, journey allowance and otherfacilities as set out in Chapter V of the Act.

(v) Registration of Unorganised Workers

47. In orders passed by this Court in these proceedings on09.06.2020 and 31.07.2020, we have already referred to enactmentsnamely (i) The Building and other Construction Workers (Regulation ofEmployment and Conditions of Service) Act, 1996; and the UnorganizedWorkers’ Social Security Act, 2008. The 1996 enactment was enactedby Parliament to regulate the employment and conditions of service ofbuilding and other construction workers and to provide for their safety, AB

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Ahealth and welfare measures and for other matters connected therewith.The Act provides for registration of establishments. Chapter IV providesfor registration of building workers as beneficiaries and also contemplatesissuance of identity cards. Sections 12 and 13 of the 1996 Act are asfollows:- B“12. Registration of building workers as beneficiaries:-(1)Every building worker who has completed either eighteen yearsof age, but has not completed sixty years of age, and who hasbeen engaged in any building or other construction work for notless than ninety days during the preceding twelve months shall beeligible for registration as a beneficiary under this Act.C

(2) An application for registration shall be made in suchform, as may be prescribed, to the officer authorised by the Boardin this behalf.

(3) Every application under sub-section (2) shall beDaccompanied by such documents together with such fee notexceeding 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 provisionsof this Act and the rules made thereunder, he shall register theEname of the building worker as beneficiary under this Act:Provided that an application for registration shall not be rejectedwithout 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, preferFan appeal to the Secretary of the Board or any other officerspecified by the Board in this behalf and the decision of theSecretary or such other officer on such appeal shall be final:

Provided that the Secretary or any other officer specifiedby the Board in this behalf may entertain the appeal after theGexpiry of the said period of thirty days if he is satisfied that thebuilding worker was prevented by sufficient cause from filing theappeal in time.

(6) The Secretary of the Board shall cause to maintainsuch registers as may be prescribed.

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13. Identity cards:-(1) The Board shall give to everybeneficiary an identity card with his photograph duly affixed thereonand with enough space for entering the details of the building orother construction work done by him.

(2) Every employer shall enter in the identity card the detailsof the building or other construction work done by the beneficiaryand authenticate the same and return it to the beneficiary.

(3) A beneficiary who has been issued an identity card underthis Act shall produce the same whenever demanded by any officerof Government or the Board, any inspector or any other authorityfor inspection.”

48. The other enactment, which has been enacted by Parliamentto provide for the social security and welfare of unorganized workers’ isthe Unorganised Workers’ Social Security Act, 2008. The Statement ofObjects and Reasons of the enactment elaborately noticed the objectand 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 constitutemore than ninety-four per cent. of the total employment in thecountry. On account of their unorganised nature, these workersdo not get adequate social security. Some welfare schemes arebeing implemented by the Central Government for specific groupsof unorganised sector workers such as beedi workers, non-coalmine workers, cine workers, handloom weavers, fishermen, etc.State Governments are implementing welfare programmes forcertain categories of unorganised sector workers and some Non-Government Organisations also provide social security to certaincategories of workers. Despite all these efforts, there is a hugedeficit in the coverage of the unorganised sector workers in thematter of labour protection and social security measures ensuringthe 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 aimsto provide for social security and welfare of the unorganised sectorworkers and for matters connected therewith or incidental thereto.The Bill, inter alia, provides for the following matters, namely:- A

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A(i)The Central Government shall constitute a NationalSocial Security Advisory Board to recommend suitablewelfare schemes for different sections of unorganisedsector workers, and upon consideration of theserecommendations, the Central Government may notifysuitable welfare schemes relating to life and disabilityBcover, health and maternity benefits, old age protection,or any other benefits.

(ii) The State Government shall constitute the State SocialSecurity Advisory Board to recommend suitable welfareschemes for different sections of unorganised workersCin that State and the State Government may notifysuitable schemes for one or more sections of theunorganised workers.

(iii) A worker of an unorganised sector shall be eligible forsocial security benefits if, he is duly registered. EveryDregistered worker in the unorganised sector shall beissued an identity card which shall be a smart cardcarrying a unique identification number and shall beportable.

(iv) The Central Government and the State Government shallEhave the power to make rules for the purposes ofcarrying out the objects of the Bill.

3. The Bill seeks to achieve the above objectives.”

49. The Unorganised Workers constitute ninety-four percent ofFthe work force, which is also noticed in the Statement of Objects andReasons extracted above. The unorganized workers belong to poor strataof society, less educated and are not much aware of their rights andobligations of their employer. Unorganised workers are also not able toeasily get themselves registered under Act, 2008 so as to enable them toreap the welfare schemes of the Central Government as well as of theGState Governments. Section 10 deals with the registration and socialsecurity benefit, which is to the following effect:- “10. Eligibility for registration and social security benefits.—(1) Every unorganised worker shall be eligible for registrationsubject to the fulfilment of the following conditions, namely:—

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(a) he or she shall have completed fourteen years of age;and (b) a self-declaration by him or her confirming that he orshe is an unorganised worker.

(2) Every eligible unorganised worker shall make an applicationin the prescribed form to the District Administration for registration.

(3) Every unorganised worker shall be registered and issued anidentity card by the District Administration which shall be a smartcard carrying a unique identification number and shall be portable.

(4) If a scheme requires a registered unorganised worker to makea contribution, he or she shall be eligible for social security benefitsunder the scheme only upon payment of such contribution.

(5) Where a scheme requires the Central or State Government tomake a contribution, the Central or State Government, as the casemay be, shall make the contribution regularly in terms of thescheme.”

50. At this stage, we may notice the provisions of Code on SocialSecurity, 2020. Although, Code on Social Security, 2020 has receivedthe Presidential assent in August, 2020 but the same has not yet beenenforced except the provision for use of Aadhaar. Thus, the registrationunder Act, 1996 and Act, 2008 as noted above has to continue till theprovisions of Code on Social Security, 2020 are enforced, the registrationof unorganized workers both under Act, 1996 and Act, 2008 is beneficialto the unorganized workers since it is only after registration they areable to access the welfare schemes of the Central Government and theState 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 hadasked the States/Union Territories to file affidavits regarding the statusof registration of workers undertaken under the various legislations ofStates and Union Territories and they have filed their detailed affidavitsreferring to status of registration of workers. From the facts as broughton record on behalf of States/Union Territories, steps taken by respectiveStates and Union Territories are decipherable. It is useful to notice brieflythe status of registration as reflected in the affidavits of different States.

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ANCT Delhi

52. In the affidavit dated 08.06.2021 filed on behalf of State ofNCT Delhi, no details regarding process of registration of constructionworkers, inter-State migrant workers and unorganized workers havebeen mentioned. However, in the note dated 14.06.2021 submitted onBbehalf of NCT Delhi with regard to Act, 1979 and Act, 1996, it has beenstated that online portal for registration of establishments employingmigrant workers is in place since December, 2019. It is further mentionedthat Delhi Inter-State Migrant Workmen (Regulation of Employmentand Conditions of Service) Rules, 1982 have been notified on 04.06.1982.It is further stated that by virtue of Section 2(e), migrant workersCthemselves cannot register under Act, 1979 and it is the contractor, whohas to register the migrant workers. With regard to Act, 1996, it is statedthat under the said Act, Delhi Building and Other Construction Workers(RE & CS) Rules, 2002 have been notified. It is further mentioned thatsteps are being taken by issuing notice to the various employers to getDthem 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 beensubsumed in the Code on Social Security, 2020. LabourDepartment, GNCTD is drafting Rules under Code on SocialESecurity Code, 2020.

ii.Central Government is in the process of making a NationalDatabase for Unorganised Workers (NDUW) and IntegratedPortal for Social Security and Welfare Schemes, onUnorganised workers – State wise regarding unorganizedFworkers and also develop a suitable National Software forregistration of unorganized workers which will haveuniformity across the country and portability also – action isawaited from Central Government, in this regard.

iii.Job portal was launched by GNCTD on 27.07.2020 to provideGa interactive platform between the employers and prospectivejobseekers. This interactive platform shall help prospectivejobseekers to procure employment.”

State of Gujarat

53. It is submitted that an estimated 23 lakhs inter-State migrantHworkers are engaged in various industries, establishments and factories in the State of Gujarat. In pursuance of the same, it is submitted that theportal, called the “e-nirman” portal is ready and is launched by the Hon’bleChief Minister of Gujarat on 08.06.2021 and made operational. Through,the “e-nirman” portal, the construction workers will now be providedwith a smart card containing their details as opposed to a physicalpassbook which was being provided in the older system. The smart cardwill enable the construction workers to directly avail the benefits of morethan 20 schemes of the Government pertaining to maternity assistance,assistance in cases of death and permanent disability, educationalassistance, hostel facility scheme etc. and thus permeating the deepeningthe 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. Thesaid portal is also launched by Hon’ble Chief Minister of Gujarat on08.06.2021 and made operational, along with the “e-nirman” portal. Thisportal for Unorganised Workers is also integrated with more than 21290Common Service Centres in the State and will be used to issueUnorganised Worker Identity Number (U-WIN) cards. It is submittedthat the data registered on this portal will be subsequently integratedwith the National level portal that is being operationalised in the form ofthe National Database of Unorganised Workers Project by theGovernment of India.

55. It is submitted that district-wise pockets of unorganised workerslike street vendors, retail workers, fisherman, textile market workers,wiremen, rickshaw drivers, kite making workers, vegetable sellers, bidimaking workers, tailors etc. have already been identified and a registrationdrive will be carried out focusing on such pockets. Thus, the process ofregistration will be brought to the doorstep of unorganized workers.

State of Telangana

56. It has been stated on behalf of State of Telangana that theregistration of workers and issue of identity cards to the unorganizedworkers will be processed soon after receiving the Registration Modulefrom Government of India, Ministry of Labour and Employment, NewDelhi.

State of Chhatisgarh

57. At the outset, it is submitted that in compliance of the ordersof this Court, approximately 4,34,658 migrant workers who have returned AB

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Ato the State of Chhatisgarh from other states have been benefitedaccording to their eligibility under various schemes of the CentralGovernment and State Government.

58. The registration of unorganized workers is being done throughthe online portal and a total of approximately 14,33,702 unorganisedBworkers have been registered.

State of Uttar Pradesh

59. The State of UP is maintaining a robust system of registrationof such migrant workers as they come into the State, as has been detailedin the previous affidavit dated 22.05.2021. A portal on the website of theCRelief Commissioner, http://www.rahat.up.nic.in, has been created, onwhich all relevant details of all migrant workers are to be uploaded inreal-time.

60. As per data available with the Director, Training andEmployment, Uttar Pradesh, as many as 37,84,255 migrant workers haveDreturned to their native places during the entire Covid-19 pandemic period.Their skill mapping has been completed and 10,44,710 labourers havealready been given employment in different schemes of differentdepartments of the State Government. It is submitted that as per thedata available as on 08.06.2021, the details/data of 3,79,220 migrantEworkers have been registered and their skills mapped on therahat.up.nic.in portal since 01.04.2021.

61. It is further submitted that the rahat.up.nic.in portal is alsobeing utilized to identify workers other than registered workers for availingof the benefit of the decision taken by the State Cabinet on 15.05.2021Fto provide all eligible persons a sustenance allowance of Rs.1000 permonth by way of direct Bank Transfer. The rahat.up.nic.in portal is tobe utilized for the purpose of such registration of such beneficiaries. Ason 08.06.2021 the data/details of 12,92,247 such persons has beenuploaded on the rahat portal since 18.05.2021.

State of JharkhandG

62. It is submitted that during the second phase of lockdown, anadditional number of 39,853 have been registered under the Building andother Construction Workers (Regulation of Employment and Conditionsof Service) Act, 1996 (BOCW Act). Out of these benefits have beenextended to 22,830 beneficiaries and Rs.13,98,15,919/- has been disbursedH

under various schemes run by the Jharkhand Building and OtherConstruction Workers Welfare Board, Ranchi.

63. It is further submitted that directions have been issued toOfficers in the State by Labour Commissioner, Jharkhand vide letterNo.557 dated 28.05.2021 and letter No.577 dated 08.06.2021 to completethe process of registration of unorganised workers in the area undertheir jurisdictions and the following steps have been taken:- (a)Under Unorganised Workers Social Security Act, 2008, 14.71lakhs unorganized workers have been registered till now.

(b) Five Schemes have been launched by the State for the benefitof unorganized workers.

(c) In the financial year 2020-2021 total number of registeredbeneficiaries sum of Rs.51,50,650/- has been disbursed underdifferent schemes.

State of Bihar

64. The State of Bihar has submitted details regarding registrationof migrant labours in the affidavit dated 21.05.2021. About 19 lakh migrantlabours were registered and brought under skill mapping through theportal app on their arrival at their blocks/Block Quarantine Camps. About11 lakh migrant labours were registered under Shramik Panjikaran Portalof the Labour Resource Department. About 2 lakh unorganized workershave been enrolled under “Pradhan Mantri Shram Yogi Maandhan Yojna”.

65. Regarding the development of National Data Base for theUnorgganised Workers (NDUW), it is respectfully submitted that theMinistry of Labour and Employment, Government of India vide its letterD.O.No.M-16011/1/2019-SS-III dated 28.10.2020 has informed to theState Government that it has started the development of comprehensiveNational Data Base for the Unorganized Workers (NDUW) includingmigrant and construction workers. The portal may be used for the deliveryof various Social Security/Welfare Schemes. It was also informed thatthe NDUW portal is being developed under the technical guidance ofNIC.

66. It is further submitted that it was expected from the departmentto provide comprehensive action plan for the registration of unorganizedworkers along with the details of two Nodal Officers. The departmentthrough its letter No.1/UL.10-05/2020-21 dated 08.04.2021 nominated A

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Athe Labour Commissioner, Bihar and Joint Labour Commissioner, Biharas the nodal officers for the implementation of the National Data Basefor the Unorganised Workers (NDUW). Further, the department alsoprovided the comprehensive action plan for the registration of unorganizedworkers to the Ministry of Labour and Employment vide letter No.-1/UL.10-05/2020-107 dated 16.04.2021.

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State of Karnataka

67. The Karnataka Building and other Construction WorkersWelfare Board under the Act, 1996 has computerized the registrationprocess and the eligible building and other construction workers areCregistered through the “Seva Sindhu portal”. Once registered, smart cardswith unique identity number are provided to the workers. The notesubmitted on behalf of State of Karnataka also refers to 19 welfareschemes formulated by Karnataka Building and Other ConstructionWorkers Board. With regard to Act, 2008, it has been stated thatKarnataka State Unorganised Workers Social Security Board isDfunctioning under Labour Department of the State of Karnataka inregistering 11 categories of Unorganised Sector Workers on web portal“ksuwssb.in”.

State of West Bengal

State of West Bengal

E68. The Government of West Bengal in its affidavit has referredto a Scheme under which cash benefit of Rs.1,000/- was transferred tothe unorganized workers, who were permanent resident of West Bengaland not getting any benefit from any Government Scheme. The no detailshave been given regarding process of registration under the aforesaidtwo Acts.F

State of Madhya Pradesh

69. With regard to registration of migrant workers, following isstated:- “The Panchayat and Rural Development Department throughGGram Panchayat machinery in Rural area and UrbanAdministration Department through their Urban local bodies inurban areas are in process of compiling information with respectof all categories of migrants and their family returning back totheir residences. A portal namely “PRAVASISHAMIK” has beenlaunched wherein migrants returned to their residences in Madhya H

Pradesh are registered by the Panchayat and Urban Body’s localstaff respectively. Total number of 41,392 migrant workers havebeen registered on this portal till 01.06.2021.

Besides above, registration of unorganized workers had started inState in the year 2018 under the ‘Mukhyamantri Jan Kalyan(SAMBAL) Yojana’. Under the said scheme, approximately 1.47unorganised workers with complete database have so far beenregistered.”

State of Maharashtra

70. With regard to registration of unorganized workers, it has beenstated that under Act, 2008, Maharashtra Unorganised Workers SocialSecurity Rules, 2013 have been framed. Maharashtra Social SecurityBoard has also been constituted on 03.04.2018. The registration underthe Unorganised Workers Social Security Act, 2008 has yet to start, buttill date, around 5,88,304 workers have been enrolled under PradhanMantri Shram Yogi Maandhan Yojana through Common Service Centressince March, 2019. Further, the unorganized workers will also be givenbenefits 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) skilldevelopment, (vi) funeral benefits, (vii) old age homes.

71. Further, with regard to Act, 1996, following has been statedon behalf of the State of Maharashtra:- “In exercise of Section 18 of the Building and Other ConstructionWorkers (Regulation of Employment and Conditions of Service)Act, 1996, the State has constituted the Maharashtra Buildingand Other Construction Workers Welfare Board (“the Board”).The Bard has undertaken various measures to register constructionworkers. The Board has implemented four special registrationdrives in the last two years across Maharashtra. The monthlycontribution of registered construction workers is reduced to Rs.1/- per month (from Rs.5/- per month). The Board is taking help ofNGOs, workers union and local representatives for registrationof construction workers. Monitoring Committees under theChairmanship of district collectors is also constituted forregistration, renewal and benefit distribution. Benefit distributionprograms were also conducted in presence of the Chief Minister, AB

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ALabour Minister, Guardian Minister of the concerned district anda local representative. Due to the effect of various measuresundertaken by the Board the registration of construction workersincreased in the last three years. The total registration ofconstruction workers till 15.05.2021 is 25,53,519 and activeregistered construction workers are 11,82,152.”B

72. In our last order, we had referred to earlier order of this Courtdated 21.08.2018 passed in Special Leave Petition (Crl.) No. 150 of2012. This Court had directed the Ministry of Labour and Employmentto make available the module to all States and Union Territories forpurposes of registration under Act, 2008 and following was the orderCpassed on 21.08.2018:- “Mr. Vinod Kumar, Director, Ministry of Labour and Employmentand Mr. Ajit Kumar Dung Dung, Under Secretary, RSBY, arepresent before this Court.

The Ministry of Labour and Employment is now involved inthe process of finalizing a registration module for unorganizedworkers and after the security audit it will be made ready by theend of December, 2018. It is submitted that thereafter it will bemade available to the States/Union Territories for further processof registration and issuance of paper identity cards.

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We direct the Chief Secretary of all the States andAdministrators of all the Union Territories to start registering 10%of the estimated number of workers every month starting fromthe month of January, 2019 and submit a Report to this Court by31.01.2019.

Needless to say that the Ministry will make available themodule to all the States and Union Territories for the purpose ofregistration by the last week of December, 2018.”

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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 provideGthe module to all States and Union Territories for the purpose ofregistration. We have noticed above that several States have stated intheir affidavits that they are waiting for the module to be provided by theMinistry of Labour and Employment to proceed further with theregistration of unorganized workers. In this context, we may also referto press release dated 05.05.2021 of the Ministry of Labour andHEmployment, which states:- “Section 142 of the Social Security Code, 2020 has been notifiedby Ministry of Labour & Employment covering applicability ofAaadhar. The notification of section will enable Ministry of Labourand Employment to collect Aaadhar details for the database ofbeneficiaries under various social security schemes.

National Data Base for unorganised workers (NDUW) isat an advanced stage of development by National InformaticsCentre. The portal is aimed at collection of data for unorganisedworkers including migrant workers for the purpose of givingbenefits of the various schemes of the Government. An inter-state migrant worker can register himself on the portal on thebasis of submission of Aaadhar alone.

Union Minister of State (I/c) for Labour and EmploymentShri Santosh Gangwar has clarified that the section under theSocial Security Code has been notified only for collection of dataof workers including migrant workers. No benefit will be deniedto workers for want of Aaadhar.”

74. We had specifically directed to the Union of India by ourorder dated 24.05.2021 to file a detailed affidavit with regard to processof registration of unorganized workers as undertaken by Ministry ofLabour and Employment. In pursuance of our direction, an affidavit hasbeen filed by the Union of India dated 09.06.2021. In paragraphs 16, 17and 18 of the affidavit, following has been stated:- “16. It is respectfully submitted that, the major technical as wellas other operational issues have been resolved and developmentof the portal had commenced. However, the recent outbreak ofCorona has impacted the development of the portal as many ofthe personnel associated with the project were affected with Covid.It is submitted that, the MoLE has already released first installmentof Rs.45.39 Crore to National Informatics Centre Services Inc.(NICSI) in the month of January/February, 2021 for requireddevelopment work and necessary purchases of hardware andsoftware.

17. It is humbly submitted that, NIC has been tasked prepare andhand over the NDUW Portal at the earliest, preferably in the next3 to 4 months to the State/UT Governments to carry out theregistration of the Unorganised Workers through their districts A

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Aand state levels administrative machinery. Finally, it will be theresponsibility of State/ UT Governments to populate the data bymobilising unorganised workers to register in their respectiveStates/UTs through Common Service Centres, State Seva Kendras,Labour Facilitation Centers, Digital Seva Kendras underDepartment of Posts etc on this portal. For this purpose, aBComprehensive Action Plan is being prepared in the Ministry alongwith monthly measurable milestones to monitor the registrationwork in an effective manner. In addition, the workers will also beable to register themselves through mobile app or NDUW Portalin a more convenient way in a self-mode or assisted mode.

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18. It is humbly submitted that, the Central Government iscommitted in developing a comprehensive, dynamic and usefulNational Database for Unorganised Workers (NDUW) includingmigrant workers, gig workers, platform workers, Building/Construction Workers, domestic workers and similar otherDworkers, in order to ensure that they can be the rightfulbeneficiaries of the various schemes/benefits by the CentralGovernment and the State Governments.”

75. Regarding registration of unorganized workers, the stand takenby the Union of India as noted above does not commend us. We haveEnoticed that this Court as early as on 21.08.2018 had directed the Ministryof Labour and Employment to make available a module to the States/Union Territories for the purpose of registration. No exception can betaken to the Central Government deciding to create NDUW portal forfacilitating the States and Union Territories to register so that nationalDatabase of Unorganised Workers may become available. A statementFis made in the above paragraph that NIC has been required to develop aportal for which an amount of Rs.45.39 crores have been released in themonth of January/February, 2021. When the unorganized workers arewaiting for registration and are waiting to reap the benefit of variouswelfare schemes of the States and Centre, the apathy and lackadaisicalGattitude by the Ministry of Labour and Employment is unpardonable.There was urgency in the portal to be finalized and implemented lookingto the pandemic and dire need of unorganized workers to receive thebenefit. The attitude of Ministry of Labour and Employment in notcompleting the module even though directed as early as on 21.08.2018shows that Ministry is not alive to the concern of the migrant workersHand the non-action of the Ministry is strongly disapproved. We further direct the Secretary, Ministry of Labour and Employment to ensure thatNDUW portal is finalized and implementation of the portal commenceson or before 31.07.2021. Let Secretary of the Ministry of Labour andEmployment file a report to that effect within a period of one monththereafter.

76. To provide access to the migrant workers to different Schemesof State Government and Central Government, registration is a must.We impress upon Central Government as well as States and UnionTerritories to complete the portal for registration under National Databasefor Unorganised Workers (NDUW) project as well as implement thesame, which by all means may commence not later than 31.07.2021.We make it clear that after registration is complete, the correction andupdating of the data should be always possible and which is part of theprocess. It is only after registration of the workers that the States andthe Centre shall be able to extend the benefits of the welfare schemes tothem. Prior to that unless the registration is complete, tall claims by allthe States and Union that they have implemented various welfare schemesfor the migrant workers and unorganized workers remain only on paperwithout giving any benefit to unorganized workers.

(vi) Community Kitchen

(vi) Community Kitchen

77. Most of the States during this pandemic have been runningcommunity kitchens for migrant labourers and other persons, who neededtwo meals a day due to various reasons including cessation of employment.We had also directed the States to run community kitchens for migrantlabourers. States in their affidavits have given details regarding runningof the community kitchens. The State of Karnataka states that communitykitchens called Indira Canteens are being run in the City Corporation/Municipal Corporation limits. It has been stated on behalf of the State ofKerala that the State of Kerala is providing community kitchen to thestranded migrant workers during outbreak of Covid-19 pandemic in 2020as per Government order dated 26.03.2020 and 03.04.2020. It is statedthat Kerala Government has issued combined guidelines for the operationof the scheme “Hunger free Kerala- Janakeeya Hotel and CommunityKitchens” under the Local Self Government Institutions for providingfood packets to the eligible categories. On 11.05.2021 further guidelineshave been issued for the operation of Janakeeya Hotels and CommunityKitchens. The State of Punjab submits that 38 community kitchens areworking in different districts of Punjab.State of Telangana’s case is that A

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A140 Annapurna Canteens are available in Greater Hyderabad MunicipalCorporation limits where food is given @ Rs.5/-. Migrant workers canutilize their services. The state of Tamil Nadu’s case is that as perGovernment policy, everyone can avail food at free of cost during thelock-down period at Government run canteens functioning as communitykitchens in various Municipal Corporations of Tamil Nadu. TheBGovernment of NCT Delhi states that in view of the curfew and lockdownannounced on 19.04.2021, the Government of NCT of Delhi made variousarrangements for the relief and welfare of the migrant labourers. HungerRelief Centres for migrant workers, daily workers and other needy personshave been established in all 11 districts of Delhi. Food packets are beingCprovided at the construction sites. The case of the State of U.P. is thatvide G.O. dated 15.04.2021, the Government of U.P. had directedtemporary shelter camps/quarantine facilities/screening camps to be setup to accommodate the migrant workers returning to their native placesduring the second wave of pandemic, whereby in temporary camps twocomplete meals a day were provided. In the State of West Bengal, it isDstated that “Maa Community Kitchen Scheme” is in operation in KolkataMunicipal Corporation area and other municipalities/corporations areassince March, 2021 where good food at a subsidized rate of Rs.5/- permeal is provided, which scheme can be availed by anyone. There are150 canteens running across 23 districts. The State of Madhya PradeshEalso states that under the “Deendayal Antyoday Rasoi” Scheme 100kitchen centres are operating since February, 2021 in 52 districtheadquarters and in 6 other prominent religious towns. State ofMaharashtra submits that presently there are no migrant workers, whoare ‘stranded’ in the State, hence there is no question of providingcommunity kitchen to ‘stranded’ migrant workers. State refers to aFscheme titled ‘Shiv Bhojan Thali’, which provides meals to the public @Rs.10/-.

78. It is true that after relaxation of lockdown and restrictionsimposed, all the industries have started functioning, providing ofemployment to large number of people including migrant workers butGstill there are migrant labourers, who have not got any employment. TheStates have been running community kitchens during the pandemic. Weare of the view that State should run the community kitchens at prominentplaces where large number of migrant labourers are there, whichcommunity kitchens should be continued at-least till the pandemicHcontinues. The States should advertise places where facility of community kitchen/subsidized meals is provided so that no migrant labour, who isunable 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 Stateshave made direct bank transfers to construction workers, who areregistered under Act, 1996. The amount ranging from Rs.1,000/- toRs.6,000/- has been transferred to the construction workers. Few Stateshave also made transfer to other categories including auto rickshawdrivers and some other categories. The right of direct bank transferflows from a particular scheme framed by a State. In event, a personincluding a migrant labourer is entitled for any direct bank transfer fromany scheme, he can claim for such entitlement. Before us, no such schemeby any State has been pleaded on record where conscious decision hasbeen 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 ofthe State, no direction can be issued by this Court for any direct banktransfer as claimed by certain applicants/intervenors. We only observethat in event any person is entitled for direct bank transfer as per theexisting scheme in any State, he can avail the said benefit by themechanism as provided in the policy decision.

80. In view of the foregoing discussions and our conclusions, wedispose of the writ petitions with the following directions:-

(i) It is directed that the Central Government to develop thePortal in consultation with National Informatics Centre (NIC)for registration of the unorganized labourers/migrant workers.We also impress upon and direct that the Central Governmentas well as the respective States and the Union Territories tocomplete the process of Portal for registration under NationalData Base for Unorganised Workers (NDUW Project) aswell as implement the same, which by all means maycommence not later than 31.07.2021. We also impress uponand direct that the process of registration of the unorganizedlabourers/migrant workers is completed at the earliest, butnot later than 31.12.2021. All the concerned States/UnionTerritories and the Licence Holders/Contractors and othersto cooperate with the Central Government to complete theprocess of registration of migrant workers and unorganizedlabourers so that the benefits of the welfare schemes A

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Adeclared by the Central Government/State Governments/Union Territories be available to migrant workers andunorganized labourers for whose benefits the welfareschemes are declared.

(ii) The Central Government having undertaken to distributeBadditional quantity of foodgrains as demanded by the States/Union Territories for distribution to migrant labourers undersome Scheme framed by the States, we direct the CentralGovernment, Department of Food and Public Distribution(Ministry of Consumer Affairs, Food and Public Distribution)to allocate and distribute foodgrains as per demand ofCadditional food-grains from the States for disbursement ofdry foodgrains to migrant labourers.

(iii) We direct the States to bring in place an appropriate schemefor distribution of dry ration to migrant labourers for which itshall be open for States to ask for allocation of additionalDfoodgrains from the Central Government, which, as directedabove, 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. Suchscheme may be continued and operated till the currentEpandemic (Covid-19) continues.

(iv) The States, who have not yet implemented “One Nation OneRation Card” scheme are directed to implement the sameby not later than 31.07.2021.

(v) The Central Government may undertake exercise underFSection 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered underthe Rural and Urban areas of the State.

(vi) We direct all the States/Union Territories to register allestablishments and license all contractors under the Act, 1979Gand ensure that statutory duty imposed on the contractors togive particulars of migrant workers is fully complied with.

(vii) The State/Union Territories are directed to run communitykitchens at prominent places where large number of migrantlabourers are found for feeding those migrant labourers whoHdoes not have sufficient means to procure two meals a day.

The running of the community kitchen should be continuedat-least till pandemic (Covid-19) continues.

81. In view of the above directions, this writ petition and the WritPetition (C) No.916 of 2020 are disposed of.

Devika Gujral

Writ petitions disposed of.

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