IN RE: PROBLEMS AND MISERIES OF MIGRANT

A Labour Minister, Guardian Minister of the concerned district and a local representative. Due to the effect of various measures undertaken by the Board the registration of construction workers increased in the last three years. The total registration of construction workers till 15.05.2021 is 25,53,519 and active registered construction workers are 11,82,152.” B

72Copy pinpoint72. In our last order, we had referred to earlier order of this Court dated 21.08.2018 passed in Special Leave Petition (Crl.) No. 150 of

2012. This Court had directed the Ministry of Labour and Employment to make available the module to all States and Union Territories for purposes of registration under Act, 2008 and following was the order passed on 21.08.2018:- “Mr. Vinod Kumar, Director, Ministry of Labour and Employment and Mr. Ajit Kumar Dung Dung, Under Secretary, RSBY, are present before this Court. The Ministry of Labour and Employment is now involved in the process of finalizing a registration module for unorganized workers and after the security audit it will be made ready by the end of December, 2018. It is submitted that thereafter it will be made available to the States/Union Territories for further process of registration and issuance of paper identity cards. E We direct the Chief Secretary of all the States and Administrators of all the Union Territories to start registering 10% of the estimated number of workers every month starting from the month of January, 2019 and submit a Report to this Court by 31.01.2019. F Needless to say that the Ministry will make available the module to all the States and Union Territories for the purpose of registration by the last week of December, 2018.”

73Copy pinpoint73. In spite of the above direction which was issued on 21.08.2018, the Ministry of Labour and Employment has not yet been able to provide G the module to all States and Union Territories for the purpose of registration. We have noticed above that several States have stated in their affidavits that they are waiting for the module to be provided by the Ministry of Labour and Employment to proceed further with the registration of unorganized workers. In this context, we may also refer to press release dated 05.05.2021 of the Ministry of Labour and H Employment, which states:-

IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 219 [ASHOK BHUSHAN, J. ]

“Section 142 of the Social Security Code, 2020 has been notified by Ministry of Labour & Employment covering applicability of Aaadhar. The notification of section will enable Ministry of Labour and Employment to collect Aaadhar details for the database of beneficiaries under various social security schemes. National Data Base for unorganised workers (NDUW) is at an advanced stage of development by National Informatics Centre. The portal is aimed at collection of data for unorganised workers including migrant workers for the purpose of giving benefits of the various schemes of the Government. An inter- state migrant worker can register himself on the portal on the basis of submission of Aaadhar alone. C

Union Minister of State (I/c) for Labour and Employment Shri Santosh Gangwar has clarified that the section under the Social Security Code has been notified only for collection of data of workers including migrant workers. No benefit will be denied to workers for want of Aaadhar.” D

74Copy pinpoint74. We had specifically directed to the Union of India by our order dated 24.05.2021 to file a detailed affidavit with regard to process of registration of unorganized workers as undertaken by Ministry of Labour and Employment. In pursuance of our direction, an affidavit has been filed by the Union of India dated 09.06.2021. In paragraphs 16, 17 E and 18 of the affidavit, following has been stated:- “16. It is respectfully submitted that, the major technical as well as other operational issues have been resolved and development of the portal had commenced. However, the recent outbreak of Corona has impacted the development of the portal as many of the personnel associated with the project were affected with Covid. It is submitted that, the MoLE has already released first installment of Rs.45.39 Crore to National Informatics Centre Services Inc. (NICSI) in the month of January/February, 2021 for required development work and necessary purchases of hardware and software.

17. It is humbly submitted that, NIC has been tasked prepare and hand over the NDUW Portal at the earliest, preferably in the next 3 to 4 months to the State/UT Governments to carry out the registration of the Unorganised Workers through their districts H

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A and state levels administrative machinery. Finally, it will be the responsibility of State/ UT Governments to populate the data by mobilising unorganised workers to register in their respective States/UTs through Common Service Centres, State Seva Kendras, Labour Facilitation Centers, Digital Seva Kendras under Department of Posts etc on this portal. For this purpose, a B Comprehensive Action Plan is being prepared in the Ministry along with monthly measurable milestones to monitor the registration work in an effective manner. In addition, the workers will also be able to register themselves through mobile app or NDUW Portal in a more convenient way in a self-mode or assisted mode.

C 18. It is humbly submitted that, the Central Government is committed in developing a comprehensive, dynamic and useful National Database for Unorganised Workers (NDUW) including migrant workers, gig workers, platform workers, Building/ Construction Workers, domestic workers and similar other workers, in order to ensure that they can be the rightful beneficiaries of the various schemes/benefits by the Central Government and the State Governments.”

75Copy pinpoint75. Regarding registration of unorganized workers, the stand taken by the Union of India as noted above does not commend us. We have noticed that this Court as early as on 21.08.2018 had directed the Ministry of Labour and Employment to make available a module to the States/ Union Territories for the purpose of registration. No exception can be taken to the Central Government deciding to create NDUW portal for facilitating the States and Union Territories to register so that national Database of Unorganised Workers may become available. A statement is made in the above paragraph that NIC has been required to develop a portal for which an amount of Rs.45.39 crores have been released in the month of January/February, 2021. When the unorganized workers are waiting for registration and are waiting to reap the benefit of various welfare schemes of the States and Centre, the apathy and lackadaisical attitude by the Ministry of Labour and Employment is unpardonable. There was urgency in the portal to be finalized and implemented looking to the pandemic and dire need of unorganized workers to receive the benefit. The attitude of Ministry of Labour and Employment in not completing the module even though directed as early as on 21.08.2018 shows that Ministry is not alive to the concern of the migrant workers and the non-action of the Ministry is strongly disapproved. We further

IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 221 [ASHOK BHUSHAN, J. ]

direct the Secretary, Ministry of Labour and Employment to ensure that A NDUW portal is finalized and implementation of the portal commences on or before 31.07.2021. Let Secretary of the Ministry of Labour and Employment file a report to that effect within a period of one month thereafter.

76Copy pinpoint76. To provide access to the migrant workers to different Schemes B of State Government and Central Government, registration is a must. We impress upon Central Government as well as States and Union Territories to complete the portal for registration under National Database for Unorganised Workers (NDUW) project as well as implement the same, which by all means may commence not later than 31.07.2021. We make it clear that after registration is complete, the correction and updating of the data should be always possible and which is part of the process. It is only after registration of the workers that the States and the Centre shall be able to extend the benefits of the welfare schemes to them. Prior to that unless the registration is complete, tall claims by all the States and Union that they have implemented various welfare schemes for the migrant workers and unorganized workers remain only on paper without giving any benefit to unorganized workers. (vi) Community Kitchen

77Copy pinpoint77. Most of the States during this pandemic have been running community kitchens for migrant labourers and other persons, who needed two meals a day due to various reasons including cessation of employment. We had also directed the States to run community kitchens for migrant labourers. States in their affidavits have given details regarding running of the community kitchens. The State of Karnataka states that community kitchens called Indira Canteens are being run in the City Corporation/ F Municipal Corporation limits. It has been stated on behalf of the State of Kerala that the State of Kerala is providing community kitchen to the stranded migrant workers during outbreak of Covid-19 pandemic in 2020 as per Government order dated 26.03.2020 and 03.04.2020. It is stated that Kerala Government has issued combined guidelines for the operation of the scheme “Hunger free Kerala- Janakeeya Hotel and Community G Kitchens” under the Local Self Government Institutions for providing food packets to the eligible categories. On 11.05.2021 further guidelines have been issued for the operation of Janakeeya Hotels and Community Kitchens. The State of Punjab submits that 38 community kitchens are working in different districts of Punjab.State of Telangana’s case is that H

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A 140 Annapurna Canteens are available in Greater Hyderabad Municipal Corporation limits where food is given @ Rs.5/-. Migrant workers can utilize their services. The state of Tamil Nadu’s case is that as per Government policy, everyone can avail food at free of cost during the lock-down period at Government run canteens functioning as community kitchens in various Municipal Corporations of Tamil Nadu. The B Government of NCT Delhi states that in view of the curfew and lockdown announced on 19.04.2021, the Government of NCT of Delhi made various arrangements for the relief and welfare of the migrant labourers. Hunger Relief Centres for migrant workers, daily workers and other needy persons have been established in all 11 districts of Delhi. Food packets are being provided at the construction sites. The case of the State of U.P. is that vide G.O. dated 15.04.2021, the Government of U.P. had directed temporary shelter camps/quarantine facilities/screening camps to be set up to accommodate the migrant workers returning to their native places during the second wave of pandemic, whereby in temporary camps two complete meals a day were provided. In the State of West Bengal, it is stated that “Maa Community Kitchen Scheme” is in operation in Kolkata Municipal Corporation area and other municipalities/corporations areas since March, 2021 where good food at a subsidized rate of Rs.5/- per meal is provided, which scheme can be availed by anyone. There are 150 canteens running across 23 districts. The State of Madhya Pradesh E also states that under the “Deendayal Antyoday Rasoi” Scheme 100 kitchen centres are operating since February, 2021 in 52 district headquarters and in 6 other prominent religious towns. State of Maharashtra submits that presently there are no migrant workers, who are ‘stranded’ in the State, hence there is no question of providing community kitchen to ‘stranded’ migrant workers. State refers to a F scheme titled ‘Shiv Bhojan Thali’, which provides meals to the public @ Rs.10/-.

78Copy pinpoint78. It is true that after relaxation of lockdown and restrictions imposed, all the industries have started functioning, providing of employment to large number of people including migrant workers but still there are migrant labourers, who have not got any employment. The States have been running community kitchens during the pandemic. We are of the view that State should run the community kitchens at prominent places where large number of migrant labourers are there, which community kitchens should be continued at-least till the pandemic continues. The States should advertise places where facility of community

IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 223 [ASHOK BHUSHAN, J. ]

kitchen/subsidized meals is provided so that no migrant labour, who is unable to arrange for his two meals can remain hungry. (vii) Direct Bank Transfer to unorganized workers.

79Copy pinpoint79. All States have filed their affidavits and most of the States have made direct bank transfers to construction workers, who are registered under Act, 1996. The amount ranging from Rs.1,000/- to B Rs.6,000/- has been transferred to the construction workers. Few States have also made transfer to other categories including auto rickshaw drivers and some other categories. The right of direct bank transfer flows from a particular scheme framed by a State. In event, a person including a migrant labourer is entitled for any direct bank transfer from any scheme, he can claim for such entitlement. Before us, no such scheme by any State has been pleaded on record where conscious decision has been taken by the State to make direct bank transfer to a migrant labourer. The direct bank transfer being matter of policy and being in domain of the State, no direction can be issued by this Court for any direct bank transfer as claimed by certain applicants/intervenors. We only observe that in event any person is entitled for direct bank transfer as per the existing scheme in any State, he can avail the said benefit by the mechanism as provided in the policy decision.

80Copy pinpoint80. In view of the foregoing discussions and our conclusions, we dispose of the writ petitions with the following directions:- E

(i) It is directed that the Central Government to develop the Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. We also impress upon and direct that the Central Government as well as the respective States and the Union Territories to complete the process of Portal for registration under National Data Base for Unorganised Workers (NDUW Project) as well as implement the same, which by all means may commence not later than 31.07.2021. We also impress upon and direct that the process of registration of the unorganized labourers/migrant workers is completed at the earliest, but not later than 31.12.2021. All the concerned States/Union Territories and the Licence Holders/Contractors and others to cooperate with the Central Government to complete the process of registration of migrant workers and unorganized labourers so that the benefits of the welfare schemes H

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A declared by the Central Government/State Governments/ Union Territories be available to migrant workers and unorganized labourers for whose benefits the welfare schemes are declared. (ii) The Central Government having undertaken to distribute additional quantity of foodgrains as demanded by the States/ Union Territories for distribution to migrant labourers under some Scheme framed by the States, we direct the Central Government, Department of Food and Public Distribution (Ministry of Consumer Affairs, Food and Public Distribution) to allocate and distribute foodgrains as per demand of additional food-grains from the States for disbursement of dry foodgrains to migrant labourers. (iii) We direct the States to bring in place an appropriate scheme for distribution of dry ration to migrant labourers for which it shall be open for States to ask for allocation of additional foodgrains from the Central Government, which, as directed above, shall provide the additional foodgrains to the State. The State shall consider and bring an appropriate Scheme, which may be implemented on or before 31.07.2021. Such scheme may be continued and operated till the current pandemic (Covid-19) continues. (iv) The States, who have not yet implemented “One Nation One Ration Card” scheme are directed to implement the same by not later than 31.07.2021. (v) The Central Government may undertake exercise under F Section 9 of the National Food Security Act, 2013 to re- determine the total number of persons to be covered under the Rural and Urban areas of the State. (vi) We direct all the States/Union Territories to register all establishments and license all contractors under the Act, 1979 G and ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with. (vii) The State/Union Territories are directed to run community kitchens at prominent places where large number of migrant labourers are found for feeding those migrant labourers who does not have sufficient means to procure two meals a day.

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

81Copy pinpoint81. In view of the above directions, this writ petition and the Writ Petition (C) No.916 of 2020 are disposed of.

Devika Gujral Writ petitions disposed of. B