Supreme Court of India
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERSversus.
- Citation
- 2021 INSC 315
- Decided
- 29 June 2021
- Disposal
- Disposed off
Holding
The Court held that the Central and State Governments must ensure food security and welfare for migrant labourers by implementing registration portals, the One Nation One Ration Card scheme, appropriate dry‑ration schemes, and community kitchens, and by complying with the statutory duties under the relevant labour and social security statutes.
Summary
The Supreme Court, acting suo motu, examined the hardships faced by migrant labourers during the COVID-19 pandemic, especially the lack of food and welfare benefits. It noted that many migrants were not covered by the National Food Security Act (NFSA) and therefore could not access dry rations. The Court directed the Central Government to develop a portal for registering unorganised and migrant workers and to ensure the implementation of the One Nation One Ration Card scheme across all states by 31 July 2021. It ordered states to devise schemes for the distribution of dry rations, to run community kitchens, and to register establishments and contractors under the Inter-State Migrant Workmen Act, 1979. The Court also instructed the Centre to allocate additional food grains as required and to re‑determine NFSA coverage under Section 9 of the Act. Finally, the Court disposed of the writ petitions after issuing these comprehensive directions.
Issues considered
- The entitlement of dry ration to migrant workers not covered under the National Food Security Act, 2013.
- The implementation and timeline for the One Nation One Ration Card scheme across all states and union territories.
- The adequacy of state‑wise coverage under the National Food Security Act, 2013 and the need for fresh determination under Section 9.
- The enforcement of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, including registration of establishments and licensing of contractors.
- The registration of unorganised workers under the Building and Other Construction Workers Act, 1996 and the Unorganised Workers’ Social Security Act, 2008, and the development of the National Database for Unorganised Workers (NDUW) portal.
- The provision and continuation of community kitchens for migrant labourers during the pandemic.
- The scope of direct bank transfers to unorganised workers as a matter of state policy.
Legislation cited
- Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996s. 12, s. 13
- Code on Social Security, 2020s. 142
- Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979s. 12, s. 6, s. 8(2)
- National Food Security Act, 2013s. 3, s. 9
- Unorganised Workers’ Social Security Act, 2008s. 10
Subjects
migrant labourersCOVID-19 pandemicfood securitydry rationNational Food Security ActOne Nation One Ration CardInter-State Migrant Workmen ActUnorganised WorkersNational Database for Unorganised Workerscommunity kitchenregistration portal
Judgment
[2021] 7 S.C.R. 175 175
IN RE: PROBLEMS AND MISERIES OF MIGRANT A
LABOURERS
(Suo Motu Writ Petition (Civil) No. 06 of 2020)
with
(Writ Petition (C) No. 916 of 2020 ) B
(BANDHUA MUKTI MORCHA v. UNION OF INDIA & ORS.)
JUNE 29, 2021
[ASHOK BHUSHAN AND M. R. SHAH, JJ.]
COVID-19 pandemic – Migrant labourers – Problems and C
miseries of – Amelioration – Worldwide Pandemic COVID-19
engulfed the country in March, 2020 – When Nationwide Lockdown
was declared on 24.03.2020, after few days, there was huge exodus
of the migrant labourers from their place of work to their native
places – Supreme Court suo motu took cognizance of the problems
and miseries of the migrant labourers – Suo Motu Writ Petition D
registered – In pursuance of orders passed by Supreme Court, the
Central Government, States and Union Territories took various
measures – After March, 2021, the second wave of pandemic hit
the country – Migrant workers again started proceeding to their
native places – Need for ameliorating the miseries of migrant workers E
– Held: Migrant workers are exposed to financial and other forms
of hardships due to limited access and claim to welfare resources
offered by the States/Union Territories – They are particularly
vulnerable to economic regression – On consideration of the matter,
number of directions issued by the Supreme Court – Central
Government directed to develop Portal in consultation with National F
Informatics Centre (NIC) for registration of unorganized labourers/
migrant workers – All concerned States/Union Territories and the
Licence Holders/Contractors and others directed to cooperate with
the Central Government to complete the process of registration of
migrant workers and unorganized labourers so that benefits of the G
welfare schemes declared by Central Government/State
Governments/ Union Territories be available to migrant workers
and unorganized labourers for whose benefits the welfare schemes
are declared –Central Government, Department of Food and Public
Distribution (Ministry of Consumer Affairs, Food and Public
Distribution) directed to allocate and distribute foodgrains as per H
175
176 SUPREME COURT REPORTS [2021] 7 S.C.R.
A demand of additional food-grains from the States for disbursement
of dry food grains to migrant labourers – The States, who have not
yet implemented “One Nation One Ration Card” scheme directed to
implement the same by not later than 31.07.2021 – All States/Union
Territories directed to register all establishments and license all
contractors under the Inter-State Migrant Workmen (Regulation of
B
Employment and Conditions of Service) Act, 1979 and ensure that
statutory duty imposed on the contractors to give particulars of
migrant workers is fully complied with – The State/Union Territories
directed to run community kitchens at prominent places where large
number of migrant labourers are found for feeding those migrant
C labourers who do not have sufficient means to procure two meals a
day – Running of the community kitchen directed to be continued
at-least till pandemic (Covid-19) continues – National Food Security
Act, 2013 – Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service)Act, 1979 – Building and other
Construction Workers (Regulation of Employment and Conditions
D
of Service) Act, 1996 – Unorganised Workers’ Social Security Act,
2008.
Disposing of the writ petitions, the Court
HELD: 1. The Right to Life as guaranteed by Article 21 of
E the Constitution gives right to every human being to live a life of
dignity with access to at-least bare necessities of life. To provide
food security to impoverished persons is the bounden duty of all
States and Governments. The Parliament with object to provide
food and nutritional security in human life cycle had enacted the
National Food Security Act, 2013. Those who have been identified
F as beneficiary under National Food Security Act, 2013 are
provided dry rations as per the Centre and States’ Schemes. In
event, a migrant labour is covered under the National Food
Security Act, 2013 and had been issued a ration card under the
Act, he is entitled to access the dry ration wherever he is, at his
G work place also, in accordance with scheme of the Central
Government namely “One Nation One Ration Card”. Both the
Central Government and the State Governments have floated
various schemes for unorganized workers, building and
construction workers but sad picture of the ground reality is that
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 177
large number of beneficiaries are deprived from access to these A
welfare schemes of the Central Government or the State
Governments. [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 and
are covered under the National Food Security Act, 2013 can avail B
the dry ration utilising their card even in the State where they
have migrated for work. Real difficulty arises with regard to
migrant workers who do not possess any card issued under
National Food Security Act or even by respective States. There
is a large number of such migrants who do not possess any card. C
Their above disability is due to their poverty and lack of education
but the State cannot abdicate its duty towards such persons,
especially in the wake of the pandemic and the events where
large numbers of migrant workers are not able to get jobs which
may satisfy their basic needs. [Para 24][197-A-C]
D
2.2 The affidavit of Union of India indicates that under Atma
Nirbhar Bharat Scheme, which was issued by the Department of
Food and Public Distribution, migrants/stranded migrants were
covered and 5 Kg per person per month free of cost dry ration
for a period of two months was given. It was the States, who
identified about 2.8 crore migrant population in the first wave of E
pandemic, 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 and
supplying dry ration to those who may still be at their identified
places. The Union of India in its affidavit has clearly stated that F
the Union of India is ready and willing to provide the additional
food grains to the States under various schemes in event such
request is made by the States/UTs. [Para 25][197-C-F]
2.3 From the affidavits filed by different States, it does appear
that although some States have devised certain schemes for G
distribution of dry ration to migrant workers, most of the States
do not have such schemes. Several States have not mentioned
any scheme under which in the second wave of pandemic any
ration has been distributed to the migrant workers. State of
H
178 SUPREME COURT REPORTS [2021] 7 S.C.R.
A Gujarat has referred to a scheme namely ‘Annambrahma’ Scheme
which scheme has been once again implemented and as on date
is current. However, no details have been given as to how many
migrant workers have been provided dry ration in this second
wave of pandemic. [Para 27][197-G-H; 198-A-B]
B 2.4 The States/Union Territories who are responsible for
Public Distribution System and who are the agency to reach
beneficiary have to devise the scheme to cater the needs of
migrant workers and find out ways and means to reach those
migrant workers and supply the dry ration. Especially during this
pandemic, the States/Union Territories have to make extra efforts
C to reach migrant labourers so that no migrant labourer is denied
two meals a day. The Union of India has mentioned that Ministry
has extended various schemes to enable all States/UTs to obtain
additional quantities of food grains. The Union of India has also
referred to Circular dated 20.05.2021 issued by Government of
D India, 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 allocate
additional quantities of food grains to the States for supplying
food grains to migrant workers after identification. The Central
Government may, in consultation with the States, devise a
E mechanism to reach migrant labourers especially in this pandemic
so 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 to
distribute additional quantity of foodgrains as demanded by the
F States/Union Territories for distribution to migrant labourers
under some Scheme framed by the States, Central Government,
Department of Food and Public Distribution (Ministry of
Consumer Affairs, Food and Public Distribution) is directed to
allocate and distribute foodgrains as per demand of additional
G foodgrains from the States for disbursement of dry foodgrains to
migrant labourers. [Para 33][199-F-G]
2.6 The States are directed 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
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 179
foodgrains from the Central Government, which, shall provide A
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.
[Para 34][199-G-H; 200-A-B]
B
3. One Nation One Ration Card
3.1 “One Nation One Ration Card” is a scheme
implemented by the Government of India providing for nation-
wide portability of National Food Security Act Ration card. Several
States have been integrated under One Nation One Ration Card C
cluster at the National level. One Nation One Ration Card is an
important citizen centric reform. Its implementation ensures
availability of ration to beneficiaries under National Food Security
Act (NFSA) and other welfare schemes, especially to the migrant
workers and their families at any Fair Price Shop across the
Country. To ensure seamless inter-State portability of the ration D
card, Aadhaar seeding of all ration cards as well as Biometric
Authentication of beneficiaries through automation of all Fair
Price Shops (AFPS) with installation of electronic- Point of Sale
(e-POS) devices are necessary. [Para 35][200-B-E]
3.2 The Union of India, Department of Expenditure has E
permitted State-wise additional borrowing for completion of One
Nation One Ration Card Scheme. The Solicitor General during
his submissions has submitted that Four States have not yet
implemented the One Nation One Ration Card Scheme being
the States of Assam, Chhattisgarh, Delhi and West Bengal. F
[Para 36][200-E-F]
3.3 When migrant workers are spread throughout the
Country, each State has to implement the scheme, which is a
necessary welfare measure towards food security to this class of
persons. The States are duty bound to implement this Scheme, G
which is a welfare scheme in the interest of poor and marginal
sections of the society. When a migrant labour reaches to a
particular State for work/employment and is covered by National
Food Security Act Scheme, the receiving State is under duty to
H
180 SUPREME COURT REPORTS [2021] 7 S.C.R.
A ensure that his rights and entitlement under National Food
Security Act is not denied merely because of the fact that he is
not in his native State from where he was issued the ration card
under National Food Security Act scheme. Thus, those States
who have not yet implemented One Nation One Ration Card
scheme should implement the same. The States who have not
B
implemented the One Nation One Ration Card scheme are
directed 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 National
Food SecurityAct, 2013
C
Section 3 of the National Food Security Act, 2013 provides
for Right to receive foodgrains at subsidised prices by persons
belonging to eligible households under Targeted Public
Distribution System. Section 9 provides for coverage of population
under Targeted Public Distribution System, which is to be
D determined by the Central Government and the total number of
persons to be covered in such rural and urban areas of the State
shall be calculated on the basis of the population estimates as
per the census of which the relevant figures have been published.
The State-wise coverage under National Food Security Act was
E determined by the then Planning Commission (now Niti Aayog)
by using the NSS Household Consumption Survey data for 2011-
2012. More than 10 years have elapsed from determination of
State-wise coverage. In event, Central Government undertakes
fresh determination of the State-wise coverage under National
Food Security Act, number of beneficiaries State-wise are bound
F to increase benefitting the large number of eligible persons. [Paras
39, 40][201-D; 202-B-E]
5. Inter-state Migrant Workman (Regulation of
Employment and Condition of Service) Act, 1979
G 5.1 The Parliament enacted the above enactment with a
very laudable object protecting migrant workers from large
number of ill-practices. Chapter II deals with registration of
establishments employing inter-State Migrant Workmen. Section
6 contains an injunction that no principal employer of an
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 181
establishment shall employ inter-State migrant workmen in the A
establishment unless a certificate of registration in respect of
such establishment is issued under the Act. Similarly, Chapter
III deals with licensing of contractors. Section 8(2) provides that
a licence under sub-section (1) may contain the terms and
conditions of the agreement or other arrangement under which
B
the workmen will be recruited, the remuneration payable, hours
of work, fixation of wages and other essential amenities in respect
of the inter-State migrant workmen are to be included. Section
12 provides for duties and obligations of contractor. Section
12(1)(a) provides that it shall be the duty of every contractor to
furnish such particulars and in such form as may be prescribed, C
to the specified authority in the State from which an inter-State
migrant workman is recruited and in the State in which such
workman is employed, within fifteen days from the date of
recruitment, or, as the case may be, from the date of employment.
[Paras 41, 44][202-F-G; 206-C-F]
D
5.2 Form X under which the information is to be given by a
contractor contains various details pertaining to the migrant
workmen. In event, the licensed contractors engage migrant
workmen, he is bound to give the particulars of the migrant
workmen to the specified authorities and it is in the domain of
the authorities recruiting migrant workers to enable the E
authorities to reach the migrant workers and extend the benefits
to which such migrant workers are entitled. The appropriate
Government is to appoint Inspectors for the purpose of this Act.
A direction need to be issued to the States/Union Territories to
register all establishments and license all contractors under the F
Act and ensure that statutory duty imposed on the contractors to
give particulars of the migrant workers is fully complied with.
The competent authority while registering the establishments
and granting license to the contractors may also impose conditions
pertaining service condition, journey allowance and other facilities
as set out in Chapter V of the Act. [Paras 45, 46][207-A-C, E-F] G
6. Registration of Unorganised Workers
6.1 The Building and other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996
H
182 SUPREME COURT REPORTS [2021] 7 S.C.R.
A was enacted by Parliament to regulate the employment and
conditions of service of building and other construction workers
and to provide for their safety, health and welfare measures and
for other matters connected therewith. The Act provides for
registration of establishments. Chapter IV provides for
registration of building workers as beneficiaries and also
B
contemplates issuance of identity cards. [Para 47][207-G-H;
208-A-B]
6.2 The other enactment, which has been enacted by
Parliament to provide for the social security and welfare of
unorganized workers’ is the Unorganised Workers’ Social Security
C Act, 2008. The Unorganised Workers constitute 94% of the work
force, which is also noticed in the Statement of Objects and
Reasons. The unorganized workers belong to poor strata of
society, less educated and are not much aware of their rights and
obligations of their employer. Unorganised workers are also not
D able to easily get themselves registered under Act, 2008 so as to
enable them to reap the welfare schemes of the Central
Government as well as of the State Governments. [Paras 48,
49][209-C-D; 210-F-G]
6.3 Although, Code on Social Security, 2020 has received
E the Presidential assent in August, 2020 but the same has not yet
been enforced except the provision for use of Aadhaar. Thus, the
registration under Act, 1996 and Act, 2008 has to continue till
the provisions of Code on Social Security, 2020 are enforced, the
registration of unorganized workers both under Act, 1996 and
Act, 2008 is beneficial to the unorganized workers since it is
F only after registration they are able to access the welfare schemes
of the Central Government and the State Governments. The
registration of the unorganized workers is, thus, pivotal and most
important insofar as welfare of workers is concerned. [Para
50][211-D-F]
G 7. NCT Delhi
7.1 In the affidavit dated 08.06.2021 filed on behalf of State
of NCT Delhi, no details regarding process of registration of
construction workers, inter-State migrant workers and
unorganized workers have been mentioned. However, in the note
H dated 14.06.2021 submitted on behalf of NCT Delhi with regard
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 183
to Act, 1979 and Act, 1996, it has been stated that online portal A
for registration of establishments employing migrant workers is
in place since December, 2019. It is further mentioned that Delhi
Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Rules, 1982 have been notified on
04.06.1982. It is further stated that by virtue of Section 2(e),
B
migrant workers themselves cannot register under Act, 1979 and
it is the contractor, who has to register the migrant workers.
With regard to Act, 1996, it is stated that under the said Act,
Delhi Building and Other Construction Workers (RE & CS)
Rules, 2002 have been notified. It is further mentioned that steps
are being taken by issuing notice to the various employers to get C
them registered under Act, 1996. [Para 52][212-A-D]
7.2 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. In spite
of the above direction which was issued on 21.08.2018, the D
Ministry of Labour and Employment has not yet been able to
provide the module to all States and Union Territories for the
purpose of registration. 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. [Paras 72, 73] E
[218-B-C, G-H]
7.3 The Union of India was directed by 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 direction, an affidavit F
has been filed by the Union of India dated 09.06.2021.
[Para 74][219-D-E]
7.4 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 G
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 H
184 SUPREME COURT REPORTS [2021] 7 S.C.R.
A 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. The
Secretary, Ministry of Labour and Employment is directed to
ensure that National Database for Unorganised Workers (NDUW)
portal is finalized and implementation of the portal commences
B
on or before 31.07.2021. [Para 75][220-F-H; 221-A]
7.5 To provide access to the migrant workers to different
Schemes of State Government and Central Government,
registration is a must. It is impressed upon Central Government
as well as States and Union Territories to complete the portal for
C 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. It is made clear
that after registration is complete, the correction and updating of
the data should be always possible and which is part of the process.
D 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
E unorganized workers. [Para 76][221-B-D]
8. Community Kitchen
The States have been running community kitchens during
the pandemic. State should run the community kitchens at
F prominent places where large number of migrant labourers are
there, which community kitchens should be continued at-least
till the pandemic continues. The States should advertise places
where facility of community kitchen/subsidized meals is provided
so that no migrant labour, who is unable to arrange for his two
meals can remain hungry. [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 States
have made direct bank transfers to construction workers, who
are registered under Act, 1996. The amount ranging from
Rs.1,000/- to Rs.6,000/- has been transferred to the construction
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 185
workers. Few States have also made transfer to other categories A
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. No such scheme by any State has been
B
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.
In event any person is entitled for direct bank transfer as per the C
existing scheme in any State, he can avail the said benefit by
the 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] 1 D
SCR 922 – referred to
Case Law Reference
[1983] 1 SCR 922 referred to Para 15
CIVIL ORIGINAL JURISDICTION: Suo Motu Writ Petition E
(Civil) No. 6 of 2020
(Under Article 32 of the Constitution of India)
In Re: Problems and Miseries of Migrant Labourers
with
F
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, Colin G
Gonsalves, 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, Satya
Mitra, Kanu Agarwal, Rajat Nair, Saurabh Mishra, Sugosh
Subramaniyam, Prashant Rawat, Prashant Singh, Raj Bahadur Yadav,
B.V. Balram Das, Abhimanyu Tiwari, Ms. Eliza Bar, Anil Shrivastav, H
186 SUPREME COURT REPORTS [2021] 7 S.C.R.
A Shuvodeep 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, Aditya
B
Pratap Singh, Anando Mukherjee, G.M. Kawoosa, Ms. Taruna
Ardhendumauli Prasad, Parth Awasthi, Shubhranshu Padhi, Ashish Yadav,
Rakshit Jain, Vishal Banshal, G. Prakash, Jishnu M.L., Ms. Priyanka
Prakash, Ms. Beena Prakash, Rahul Chitnis, Sachin Patil, Pukhrambam
Ramesh Kumar, Ms. Anupama Ngangom, Karun Sharma, Avijit Mani
C Tripathi, Shaurya Sahay, Ms. Tarini K. Nayak, P.S. Negi, Mrinal Elker
Mazumdar, Siddhesh Kotwal, Ms. Manya Hasija, Ms. Ana Upadhyay,
Nirnimesh Dube, Ms. K. Enatoli Sema, Amit Kumar Singh, Sibo Sankar
Mishra, Karan Bharihoke, Ms. Neha Sahai Bharihoke, Siddhant Sharma,
Sandeep Kumar Jha, Raghvendra Kumar, Anand Kumar Dubey, Nishant
Verma, Narendra Kumar, Kabir Shankar Bose, Dr. Joseph Aristotle S.,
D
D. Kumanan, S. Udaya Kumar Sagar, Ms. Sweena Nair, Ms. Ruchira
Goel, Dr. Abhishek Atrey, Ms. Vidyottma Jha, Ms. Ambika Atrey, Suhaan
Mukerji, Ms. Liz Mathew, Vishal Prasad, Nikhil Parikshith, Abhishek
Manchanda, Sayandeep Pahari for PLR Chambers & Co., K.V.
Jagdishvaran, Ms. G. Indira, Nikhil Goel, Naveen Goel, Dushyant Sarna,
E Vinay Mathew, Kanu Agarwal, Rajat Nair, Saurabh Mishra, Sugosh
Subramaniyam, Prashant Rawat, Raj Bahadur Yadav, Ms. Pinky Behera,
Ms. Shashi Juneja, Aravindh S., A. Lakshminarayanan, Ms. Ronita
Bhattacharya, Ms. Megha Chandra, Nupur Kumar, Paras Nath Singh,
Ms. Ujjaini Chatterji, Nitin Mishra, Ms. Mitali Gupta, Advs. for appearing
parties.
F
The Judgment of the Court was delivered by
ASHOK BHUSHAN, J.
1. The Worldwide Pandemic COVID-19 engulfed this country in
March, 2020 and continues till date changing its face from time to time.
G
Different mutations in the virus have made it dangerous and fatal at
times. The pandemic had affected each and every person in the world
including all citizens of this country. The pandemic has adversely affected
all businesses including the small scale businesses, industries, markets
and smallest of the person.
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 187
[ASHOK BHUSHAN, J. ]
2. One of the groups, which were severally affected by the A
pandemic, was the migrant labouers. When Nationwide Lockdown was
declared on 24.03.2020, after few days, there was huge exodus of the
migrant labourers from their place of work to their native places. Two
primary reasons which resulted in the exodus were cessation of
employment due to lockdown and fear of the pandemic. When large
B
number of migrant labourers started walking on highways on foot, cycles
and other modes of transports without food and facing several untold
miseries, this Court suo motu took cognizance of the problems and
miseries of the migrant labourers by its order dated 26.05.2020 on which
date, this Suo Motu Writ Petition had been registered. We had issued the
notice to the Union of India and all States / Union Territories and directed C
the learned Solicitor General to assist the Court and by the next date of
hearing bring in the notice of the Court all measures and steps taken by
the Government of India and to be taken in this regard.
3. In pursuance of our order dated 26.05.2020 affidavits were
filed. Apart from filing of affidavit by the Central Government, States/ D
Union Territories, few persons also filed intervention application in this
writ petition bringing into notice of this Court several facts, figures and
suggested different measures for ameliorating the conditions of the
migrant labourers. One of the major issues, which, at that time, was to
be tackled by the States and Union Territories was the transportation of
migrant labourers from their work place to their native places. E
4. We had issued certain directions on 28.05.2020 and thereafter
issued further directions on 09.06.2020, in paragraph 26 of which order,
we noticed following:-
“26. As noted above, the State and Union Territories in their F
affidavits have referred to various measures, the orders and
guidelines issued by the Central Government, the orders issued
by the National Executive Committee under the Disaster
Management Act, 2005, policies and decisions taken by the
concerned States. The States and Union Territories claimed to be
following all directions and policies and taking necessary steps G
for running the relief camps, shelter camps, attending the needs
of food and water of the migrants, attending the requirement of
transportation of migrant workers to their native places. There
can be no exception to the policies and intentions of the State but
what is important is that those on whom implementation of H
188 SUPREME COURT REPORTS [2021] 7 S.C.R.
A circulars, policies and schemes are entrusted are efficiently and
correctly implementing those schemes. Lapses and short-comings
in implementing the schemes and policies have been highlighted
by various intervenors in their applications and affidavits. The
responsibility of the States/Union Territories is not only to referring
their policy, measures contemplated, funds allocated but there has
B
to be strict vigilance and supervision as to whether those measures,
schemes, benefits reaches to those to whom they are meant. We
impress on States and Union Territories to streamline the vigilance
and supervision of actions of their officers and staff and take
appropriate action where required. We also have no doubt that
C most of the officers, staff of administration and police are
discharging their duties with devotion and hard-work but the lapses
have to be taken note of and remedial action be taken. We further
notice from the materials on record that police officers of States,
para-military forces wherever deployed are doing commendable
job but some instances of excess with regard to migrant labourers
D
are also there. The migrant labourers, who were forced to proceed
to their native place, after cessation of their employment are
already suffering. The Financial difficulty being with all the migrant
labourers invariably they have to dealt by the police and other
authorities in a humane manner. The concerned Director General
E of Police/Police Commissioner may issue necessary directions in
this regard.”
5. Further eight directions were issued by this Court by Order
dated 09.06.2020, which were to the following effect:-
“35. We, thus, in addition to directions already issued by our order
F dated 28.05.2020 and measures as directed above, issue following
further directions to the Central Government, all States and Union
Territories:
(1) All the States/Union Territories shall take all necessary
steps regarding identification of stranded migrant
G workers in their State which are willing to return to their
native places and take steps for their return journey by
train/bus which process may be completed within a
period of 15 days from today.
(2) In event of any additional demand, in addition to demand
H of 171 Shramik trains, as noticed above, railway shall
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 189
[ASHOK BHUSHAN, J. ]
provide Shramik trains within a period of 24 hours as A
submitted by learned Solicitor General to facilitate the
return journey of migrant workers.
(3) The Central Government may give details of all schemes
which can be availed by migrant workers who have
returned to their native places. B
(4) All States and Union Territories shall also give details of
all schemes which are current in the State, benefit of
which can be taken by the migrant labourers including
different schemes for providing employment.
(5) The State shall establish counselling centres, help desk C
at block and district level to provide all necessary
information regarding schemes of the Government and
to extend helping hand to migrant labourers to identify
avenues of employment and benefits which can be
availed by them under the different schemes. D
(6) The details of all migrant labourers, who have reached
their native places, shall be maintained with details of
their skill, nature of employment, earlier place of
employment. The list of migrant labourers shall be
maintained village wise, block wise and district wise to E
facilitate the administration to extend benefit of different
schemes which may be applicable to such migrant
workers.
(7) The counselling centres, established, as directed above,
shall also provide necessary information by extending F
helping hand to those migrant workers who have
returned to their native places and who want to return
to their places of employment.
(8) All concerned States/UTs to consider withdrawal of
prosecution/complaints under Section 51 of Disaster
G
Management Act and other related offences lodged
against the migrant labourers who alleged to have
violated measures of Lockdown by moving on roads
during the period of Lockdown enforced under Disaster
Management Act, 2005.”
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190 SUPREME COURT REPORTS [2021] 7 S.C.R.
A 6. In pursuance of our directions dated 09.06.2020, all States/
Union Territories took steps and within a short period, migrant labourers
were transported to their native places. On 31.07.2020, the matter was
again heard. We, in our order dated 09.06.2020, had referred to following
three enactments:-
B i) Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service)Act, 1979;
ii) Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996; and
iii) Unorganized Workers’ Social Security Act, 2008.
C
7. We had directed all the States to file their response in respect
to implementation of the aforesaid three enactments. On 31.07.2020,
we further granted three weeks’ time to the States to file affidavit in
compliance to order dated 09.06.2020. In pursuance of our orders dated
09.06.2020 and 31.07.2020, Central Government, States and Union
D Territories took various measures to implement the orders of this Court
and to remedy the grievances of the migrant labourers. The measures
taken by different Governments although could not fully ameliorate the
conditions of the migrant labourers but brought some solace in the first
wave of pandemic and willing migrant labourers reached their native
E places. It has also been submitted that after few months, large number
of migrant labourers again proceeded to their work place in search of
employment since at their native place, they were not able to get suitable
employment to sustain themselves.
8. The Covid-19, which was declared pandemic by World Health
F Organisation on 30th January, 2020 continues even today. The intensity
of the pandemic varied from time to time, after March, 2021, the second
wave of pandemic hit the country and the number of cases started
increasing throughout the country. The different States including NCT
Delhi took different measures including restrictions, night curfews and
lockdown in April, 2021. There has been the migrant workers working
G at several places including NCT Delhi, State of Maharashtra, State of
Gujarat, State of Karnataka, who again started proceeding to their native
places fearing the same situation which occurred in first nationwide
lockdown, which was imposed in March, 2020. An I.A. No.58769 of
2021 was filed in the writ petition seeking directions from the Court
specifically praying for direction to distribute dry ration to migrant
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 191
[ASHOK BHUSHAN, J. ]
workers, facilitating their transport either by road or by train to their A
native places and with request to direct for running of community kitchen
for migrant labourers so that they and their family members could get
two meals a day.
9. On 13.05.2021, we while entertaining the petition and asking
the few States for reply, issued following interim directions:- B
“[2.0] After having heard learned counsel for the parties we direct
the Central Government as well as the Government of State of
NCT of Delhi, State of U.P. and State of Haryana (for the Districts
included in the NCR) to file a reply to the application suggesting
means and measures by which they shall ameliorate miseries of C
stranded migrant labourers. We also issue notice on the application
to State of Maharashtra, State of Gujarat and State of Bihar to
file their reply giving the details of the measures which they
propose to take to ameliorate the miseries of migrant workers
regarding transportation of stranded migrant workers and providing
dry ration as well as cooked meals to the stranded migrant workers. D
In the meantime, 7 we issue following interim directions:
(1) Dry ration to migrant workers in National Capital Region
under Atma Nirbhar Bharat Scheme or any other scheme be
provided by the Union of India, NCT of Delhi, State of U.P.
and State of Haryana utilising the Public Distribution System E
prevalent in each State with effect from May, 2021. While
providing dry ration the authorities of the States shall not insist
on an identity card for those migrant labourers who do not
possess for the time being and on self-declaration made by the
stranded migrant labourers dry ration be given to them. F
(2) NCT of Delhi, State of U.P. and State of Haryana (for the
Districts included in the NCR) shall ensure that adequate
transport is provided to stranded migrant labourers (in the
National Capital Region) who want to return to their home.
The District Administration in coordination with Police G
Administration may identify such stranded migrant labourers
and facilitate their transport either by road transport or train.
The Union of India may also issue necessary instructions to
Ministry of Railways to take necessary and adequate measures
to cater the need of migrant labourers.
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192 SUPREME COURT REPORTS [2021] 7 S.C.R.
A (3) NCT of Delhi, State of U.P. and State of Haryana (for the
Districts included in the NCR) shall open community kitchen
at welladvertised places (in the National Capital Region) for
stranded migrant labourers so that they and their family
members who are stranded could get two meals a day.”
B 10. Subsequent to the order dated 13.05.2021, the matter was
again heard by this Court on 24.05.2021 and in paragraphs 14 and 15,
we had made following directions:-
“14. The Union of India in its letter dated 26.04.2020, which has
been brought on record as Annexure R-14 has also stated that
C efforts should be made by States/Union Territories to encourage
migrant NFSA beneficiaries to use the facility of portability under
One Nation One Ration Card (ONORC) to those migrants.
15. We, thus, direct that migrant workers wherever stranded
throughout the country should be provided the dry ration under
D the Atma Nirbhar Scheme or any other scheme is found suitable
by the States/Centre.”
11. The writ petition again came for hearing before this Court on
11.06.2021, on which day, after hearing learned counsel for the parties
including learned counsel for the intervenors, we closed the hearing.
E 12. We have heard Shri Tushar Mehta, learned Solicitor General
for India, Shri Dushyant Dave and Shri Colin Gonsalves, learned senior
counsel for applicants. We have also heard learned counsel for the
different States/Union Territories.
13. According to survey carried out by National Statistics Office
F (NSO) in 2017-2018, there are around 38 crores workers engaged in the
unorganized sectors. Thus, the number of persons in the unorganized
sector is more than 1/4th population of the entire country. These
unorganized workers did not have any permanent source of employment
and have engaged themselves in small time vocations and occupations
at various places away from their native places. Contributions of these
G
labourers towards different projects, industries, make considerable
additions in the economic development of the country.
14. Our Constitution enjoins that the ownership and control of the
material resources of the community are for promoting welfare of the
people by securing social and economic justice to the weaker section so
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 193
[ASHOK BHUSHAN, J. ]
as to sub-serve the common good to minimize inequalities in income and A
endeavour to eliminate inequality in status.
15. Both, in the first and the second wave of the pandemic, migrant
workers had been exposed to financial and other forms of hardships due
to their limited access and claim to the welfare resources offered by the
States/Union Territories. The migrant labourers are particularly B
vulnerable to the economic regression. A Constitution Bench of this Court
in National Textile Workers’ Union and Others Vs. P.R. Ramakrishnan
and Others, (1983) 1 SCC 228 while dealing with the right of workmen
of company had made weighty observations regarding the nature of
labour which is put by the workers while working in a company. The
observations made by the Constitution Bench are more pertinent in C
respect to unorganized workers, who do not even have consistent and
regular employment. Bhagwati, J. speaking for the majority in paragraph
6 of the judgment observed:-
“6. …………………………….The workers therefore have a
special place in a socialist pattern of society. They are no more D
vendors of toil; they are not a marketable commodity to be
purchased by the owners of capital. They are producers of wealth
as much as capital. They supply labour without which capital would
be impotent and they are, at the least, equal partners with capital
in the enterprise. Our Constitution has shown profound concern E
for the workers and given them a pride of place in the new socio-
economic order envisaged in the Preamble and the Directive
Principles of State Policy. The Preamble contains the profound
declaration pregnant with meaning and hope for millions of
peasants and workers that India shall be a socialist democratic
republic where social and economic justice will inform all F
institutions of national life and there will be equality of status and
opportunity for all and every endeavour shall be made to promote
fraternity ensuring the dignity of the individual. Everyone is assured
under Article 14 equality before the law and equal protection of
the laws and implicit in this provision is the guarantee of equal G
remuneration for men and women for same work or work of a
similar nature. …………………………………………….”
16. When the migrant labourers form more than 1/4th population
of the country, all Governments/authorities have to take special care
regarding welfare of these migrant workers/labourers. The Parliament H
194 SUPREME COURT REPORTS [2021] 7 S.C.R.
A has enacted various legislations to safeguard the interest and welfare of
the migrant labourers, which we shall notice hereinafter.
17. The Right to Life as guaranteed by Article 21 of the Constitution
gives right to every human being to live a life of dignity with access to
at-least bare necessities of life. To provide food security to impoverished
B persons is the bounden duty of all States and Governments. The
Parliament with object to provide food and nutritional security in human
life cycle had enacted the National Food Security Act, 2013. In paragraph
3 of the Statement of Objects and Reasons of the Act, following was
stated:-
C “3. Ensuring food security of the people, however, continues to
be a challenge. The nutritional status of the population, and
especially of women and children, also needs to be improved to
enhance the quality of human resource of the country. The
proposed legislation marks a paradigm shift in addressing the
problem of food security—from the current welfare approach to
D a right based approach. Besides expanding coverage of the
Targeted Public Distribution System, the proposed legislation would
confer legal rights on eligible beneficiaries to receive entitled
quantities of foodgrains at highly subsidised prices. It will also
confer legal rights on women and children to receive meal free of
E charge.”
18. Those who have been identified as beneficiary under National
Food Security Act, 2013 are provided dry rations as per the Centre and
States’ Schemes. In event, a migrant labour is covered under the National
Food Security Act, 2013 and had been issued a ration card under the
F Act, he is entitled to access the dry ration wherever he is, at his work
place also, in accordance with scheme of the Central Government namely
“One Nation One Ration Card”.
19. Before us, in these proceedings, learned counsel appearing
for applicants/intervenors have raised concerns regarding non-supply of
G dry ration to large section of migrant workers, who are not covered
under the National Food Security Act, 2013 and who does not possess
ration card.
20. Both the Central Government and the State Governments have
floated various schemes for unorganized workers, building and
construction workers but sad picture of the ground reality is that large
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 195
[ASHOK BHUSHAN, J. ]
number of beneficiaries are deprived from access to these welfare A
schemes of the Central Government or the State Governments. In this
petition, we had issued various directions earlier regarding the registration
of unorganized workers but the progress has not been satisfactory rather
shows lethargy on the part of the concerned Government.
21. From the affidavits, which have been filed by the States, it is B
clear that in most of the States, the stranded migrant labourers, who
wanted to go to their native places during the second wave of the
pandemic have been facilitated by the concerned State Government as
per our directions issued from time to time in this writ petition. Thus, no
further directions are required in respect to facilitating the transportation
of migrant workers. C
22. The main subjects with which we are concerned in this
proceeding are:-
(i) Entitlement of dry ration by migrant workers who are not
covered by the National Food Security Act, 2013 and who D
does not possess a ration card;
(ii) The implementation of “One Nation One Ration Card” by
States and Union Territories;
(iii) Coverage of Rural and Urban population under National Food
Security Act, 2013; E
(iv) The Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service)Act, 1979, its working
and implementation;
(v) The registration of unorganized workers’
F
(a) under the legislations namely 1996 Act and 2008 Act
and the steps taken by different State Governments in
the above regard;
(b) The project – National Database for the Unorganised
Workers (NDUW) of Ministry of Labour and G
Employment, Government of India; and
(c) The mechanism to ensure access by migrant labourers
to different welfare schemes of the Central Government
and the State Governments.
H
196 SUPREME COURT REPORTS [2021] 7 S.C.R.
A (vi) Community Kitchen for Migrant Labourers by States/Union
Territories; and
(vii) Direct Bank Transfer to unorganized workers.
(i) Dry Ration to Migrant Workers
B 23. Shri Dushyant Dave and Shri Colin Gonsalves, learned senior
counsel have submitted that migrant workers are great sufferers in this
pandemic and those who do not possess any ration card are entitled to
dry ration. It is submitted that the Central Government itself in the first
wave of pandemic has provided dry ration for two months, i.e., May and
June, 2020 under Atma Nirbhar Bharat Scheme. The submission is that
C the Central Government needs to extend the Atma Nirbhar Bharat
Scheme in view of the second wave of the pandemic. The Union of
India has filed affidavits dated 23.05.2020 and 09.06.2021. In the affidavit
dated 09.06.2021, in paragraphs 4 and 8, following has been stated: -
“4. It is further submitted that, the Atma Nirbhar Bharat Scheme
D was valid for only May and June, 2020. However, vide this
Department’s letter dated 20.05.2021 States/UTs, have been
advised that they may use the various other schemes launched/
renewed as detailed above, to get additional quantities of foodgrains
at subsidized rates, as per the need, from the FCI, for distribution
E to selected target groups including other migrants/stranded
migrants, as per locally assessed requirements.
8. It is respectfully submitted that, in view of the situation arising
due to spread of COVID-19 pandemic during last year, under
Atma Nirbhar Bharat Package(ANBP), the Department of Food
F and Public Distribution (DFPD) vide letter dated 15.05.2020 had
liberally allotted about 8 Lakh Metric Tonne (LMT) of additional
food grain (4LMT per month, i.e. around 10% of monthly NFSA
allocation) covering all the States/UTs for migrants/stranded
migrants @5Kg per person per month free of cost for a period of
two months(May and June, 2020). It is stated that, both migrants
G and stranded migrants were covered under the scheme, subject
to the condition that such migrants/stranded migrants are neither
covered under NFSA nor have they been issued State Scheme
PDS Cards by the State/UT, in which they were at that time.
However, States/UTs later come out with approximate
requirements for about 2.8 crore total migrant/stranded migrant
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 197
[ASHOK BHUSHAN, J. ]
population. The responsibility for identifying such migrants/stranded A
migrants was given to the respective States/UTs…..”
24. Those migrant workers, who possess the ration card and are
covered under the National Food Security Act, 2013 can avail the dry
ration utilising their card even in the State where they have migrated for
work. Real difficulty arises with regard to migrant workers who do not B
possess any card issued under National Food Security Act or even by
respective States. There is a large number of such migrants who do not
possess any card. Their above disability is due to their poverty and lack
of education but the State cannot abdicate its duty towards such persons,
especially in the wake of the pandemic and the events where large
numbers of migrant workers are not able to get jobs which may satisfy C
their basic needs.
25. The affidavit of Union of India indicates that under Atma
Nirbhar Bharat Scheme, which was issued by the Department of Food
and Public Distribution, migrants/stranded migrants were covered and 5
Kg per person per month free of cost dry ration for a period of two D
months was given. It was the States, who identified about 2.8 crore
migrant population in the first wave of pandemic, which is clearly stated
in paragraph 8 of the affidavit of Union of India as noted above. When
there is identification by the States of 2.8 crore migrants, there is no
difficulty for the State in reaching such migrants and supplying dry ration E
to those who may still be at their identified places. The Union of India in
its affidavit has clearly stated that the Union of India is ready and willing
to provide the additional food grains to the States under various schemes
in event such request is made by the States/UTs.
26. The Union of India submits that there is no lack of food grains F
nor the Central Government is shirking from its responsibility to provide
dry ration to migrant workers. It is submitted by the learned Solicitor
General that identification of such migrant workers and distribution of
dry ration is to be done by respective States/UTs. He further submits
that each State/Union Territory can devise appropriate schemes for
providing dry ration to migrant workers. G
27. Various States have filed their affidavits. From the affidavits
filed by different States, it does appear that although some States have
devised certain schemes for distribution of dry ration to migrant workers,
most of the States do not have such schemes. Several States have not
H
198 SUPREME COURT REPORTS [2021] 7 S.C.R.
A mentioned any scheme under which in the second wave of pandemic
any ration has been distributed to the migrant workers. State of Gujarat
has referred to a scheme namely ‘Annambrahma’ Scheme which scheme
has been once again implemented and as on date is current. However,
no details have been given as to how many migrant workers have been
provided dry ration in this second wave of pandemic.
B
28. It has been stated on behalf of State of NCT Delhi that a
cabinet decision has been taken on 25.05.2021 where it has been stated
that dry rations to Non-PDS be provided at the same entitlement as
specified under National Food Security Act, 2013. A statement has been
made as under:-
C
“Vide Cabinet Decision No.3004 dated 25.05.2021. it has been
decided that Dry Rations (food grains) under Non-PDS to be
provided at the same entitlement as specified under NFS Act 2013
which is 5 Kg food grains (4 Kg wheat and 1 Kg rice per person
per month) free of cost to the needy persons who don’t possess
D ration cards, including unorganized workers, migrant workers,
building and construction workers, domestic help from a school
identified in each Municipal wards of Delhi. The beneficiary has
to visit the designated schools to collect this non-PDS ration. This
scheme has been operationalized w.e.f. 5th June, 2021 and is
E envisaged for 20 Lakh beneficiaries.”
29. Most of the States have been harping on providing food grains
free of cost for two months, i.e., May and June, 2020. The State of West
Bengal has stated that there is no scheme for providing dry ration to
migrant workers. The States/Union Territories who are responsible for
F Public Distribution System and who are the agency to reach beneficiary
have to devise the scheme to cater the needs of migrant workers and
find out ways and means to reach those migrant workers and supply the
dry ration. Especially during this pandemic, the States/Union Territories
have to make extra efforts to reach migrant labourers so that no migrant
labourer is denied two meals a day.
G
30. The Union of India in paragraphs 7 and 8 has mentioned that
Ministry has extended various schemes to enable all States/UTs to obtain
additional quantities of food grains. The Union of India has also referred
to Circular dated 20.05.2021 issued by Government of India, Ministry of
Consumer Affairs, which states on the subject “various food security
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 199
[ASHOK BHUSHAN, J. ]
measures announced during COVID-19, 2021”, in paragraph 3, following A
has been stated : -
“3. In addition to actively promoting the use of portability through
One nation One Ration Card (ONORC) for NFSA beneficiaries,
it is advised that States/UTs may also use the different schemes
detailed above to get additional quantities of food grains, as per B
the need, from the FCI, for distribution to selected target groups
including other migrants/stranded migrants, as per locally assessed
requirements.”
31. As noted above, the Central Government is ready to allocate
additional quantities of food grains to the States for supplying food grains C
to migrant workers after identification. The Central Government may, in
consultation with the States, devise a mechanism to reach migrant
labourers especially in this pandemic so that dry ration be provided to
them.
32. There has been worldwide awareness regarding right to food D
to human being. Our country is no exception. Lately, all Governments
have been taking steps and taking measures to ensure that no human
being should be affected by hunger and no one dies out of hunger. The
basic concept of food security globally is to ensure that all people, at all
times, should get access to the basic food for their active and healthy
life. The Constitution of India does not have any explicit provision E
regarding right to food. The fundamental right to life enshrined in Article
21 of the Constitution may be interpreted to include right to live with
human dignity, which may include the right to food and other basic
necessities.
33. The Central Government having undertaken to distribute F
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 G
of additional foodgrains from the States for disbursement of dry foodgrains
to migrant labourers.
34. We further direct the States to bring in place an appropriate
scheme for distribution of dry ration to migrant labourers for which it
shall be open for States to ask for allocation of additional foodgrains
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200 SUPREME COURT REPORTS [2021] 7 S.C.R.
A 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.
B (ii) One Nation One Ration Card
35. “One Nation One Ration Card” is a scheme implemented by
the Government of India providing for nation-wide portability of National
Food Security Act Ration card. Several States have been integrated
under One Nation One Ration Card cluster at the National level. In the
C affidavit, the Department of Expenditure, Ministry of Finance, has granted
additional drawing permission to States for completing One Nation One
Ration Card system. One Nation One Ration Card is an important citizen
centric reform. Its implementation ensures availability of ration to
beneficiaries under National Food Security Act (NFSA) and other welfare
schemes, especially to the migrant workers and their families at any Fair
D Price Shop across the Country. To ensure seamless inter-State portability
of the ration card, Aadhaar seeding of all ration cards as well as Biometric
Authentication of beneficiaries through automation of all Fair Price Shops
(AFPS) with installation of electronic- Point of Sale (e-POS) devices
are necessary.
E 36. As stated above, the Union of India, Department of Expenditure
has permitted State-wise additional borrowing for completion of One
Nation One Ration Card Scheme. Shri Tushar Mehta, learned Solicitor
General during his submissions has submitted that Four States have not
yet implemented the One Nation One Ration Card Scheme being the
F States of Assam, Chhattisgarh, Delhi and West Bengal.
37. Learned counsel appearing for Delhi submits that Government
of NCT Delhi has implemented the One Nation One Ration Card
Scheme. Shri Tushar Mehta’s submission is that the Government of NCT
Delhi has not implemented the scheme fully and only in one circle, i.e.,
G Circle No.63, Seemapuri, only a handful of transactions with 42 e-POS
machines have been done. One Nation One Ration Card scheme is one
of the important welfare measures to extend food security to migrants
who are covered under the National Food Security Act Scheme. When
migrant workers are spread throughout the Country, each State has to
implement the scheme, which is a necessary welfare measure towards
H food security to this class of persons. The States are duty bound to
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 201
[ASHOK BHUSHAN, J. ]
implement this Scheme, which is a welfare scheme in the interest of A
poor and marginal sections of the society. When a migrant labour reaches
to a particular State for work/employment and is covered by National
Food Security Act Scheme, the receiving State is under duty to ensure
that his rights and entitlement under National Food Security Act is not
denied merely because of the fact that he is not in his native State from
B
where he was issued the ration card under National Food Security Act
scheme.
38. We, thus, are of the view that those States who have not yet
implemented One Nation One Ration Card scheme should implement
the same. We direct the States who have not implemented the One
Nation One Ration Card scheme to implement the scheme by not later C
than 31.07.2021.
(iii) Coverage of Rural and Urban population under National
Food Security Act, 2013.
39. Section 3 of the National Food Security Act, 2013 provides D
for Right to receive foodgrains at subsidised prices by persons belonging
to eligible households under Targeted Public Distribution System. Sections
3(1) and 3(2) are as follows:-
“3.Right to receive foodgrains at subsidised prices by persons
belonging to eligible households under Targeted Public Distribution E
System.-- (1) Every person belonging to priority households,
identified under sub-section (1) of section 10, shall be entitled to
receive five kilograms of foodgrains per person per month at
subsidised prices specified in Schedule I from the State
Government under the Targeted Public Distribution System:
F
Provided that the households covered under Antyodaya
Anna Yojana shall, to such extent as may be specified by the
Central Government for each State in the said scheme, be entitled
to thirty-five kilograms of foodgrains per household per month at
the prices specified in Schedule I:
G
Provided further that if annual allocation of foodgrains to
any State under the Act is less than the average annual off take
of foodgrains for last three years under normal Targeted Public
Distribution System, the same shall be protected at prices as may
be determined by the Central Government and the State shall be
allocated foodgrains as specified in Schedule IV. H
202 SUPREME COURT REPORTS [2021] 7 S.C.R.
A Explanation.— For the purpose of this section, the
"Antyodaya Anna Yojana" means, the scheme by the said name
launched by the Central Government on the 25th day of December,
2000; and as modified from time to time.
(2) The entitlements of the persons belonging to the eligible
B households referred to in sub-section (1) at subsidised prices shall
extend up to seventy-five per cent. of the rural population and up
to fifty per cent. of the urban population.”
40. Section 9 provides for coverage of population under Targeted
Public Distribution System, which is to be determined by the Central
C Government and the total number of persons to be covered in such rural
and urban areas of the State shall be calculated on the basis of the
population estimates as per the census of which the relevant figures
have been published. The State-wise coverage under National Food
Security Act was determined by the then Planning Commission (now
Niti Aayog) by using the NSS Household Consumption Survey data for
D 2011-2012. More than 10 years have elapsed from determination of State-
wise coverage. In event, Central Government undertakes fresh
determination of the State-wise coverage under National Food Security
Act, number of beneficiaries State-wise are bound to increase benefitting
the large number of eligible persons. We, thus, are of the view that
E Central Government need to take steps to undertake exercise under
Section 9 of the National Food Security Act, 2013 to re-determine the
total number of persons to be covered under Rural and Urban areas of
the State, which shall be beneficial to large number of persons.
(iv) Inter-state Migrant Workman (Regulation of
F Employment and Condition of Service) Act, 1979
41. The Parliament enacted the above enactment with a very
laudable object protecting migrant workers from large number of ill-
practices. The Statement of Objects and Reasons of the enactment
elaborately noticed the object and purpose of the enactment, which is to
G the following effect:-
“STATEMENT OF OBJECTS AND REASONS
The system of employment of inter-State migrant labour
(known in Orissa as Dadan Labour) is an exploitative system
prevalent in Orissa and in some other States. In Orissa, Dadan
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 203
[ASHOK BHUSHAN, J. ]
Labour is recruited from various parts of the State through A
contractors or agents called Sardars/ Khatadars for work outside
the State in large construction projects. This system lends itself to
various abuses. Though the Sardars promise at the time of
recruitment that wages calculated on piece-rate basis would be
settled every month, the promise is not usually kept. Once the
B
worker comes under the clutches of the contractor, he takes him
to a far-off place on payment of railway fare only. No working
hours are fixed for these workers and they have to work on all
the days in a week under extremely bad working conditions. The
provisions of the various labour laws are not being observed in
their case and they are subjected to various malpractices. C
2. The Twenty-eighth Session of the Labour Ministers' Conference
(New Delhi, October 26, 1976) which considered the question of
protection and welfare of Dadan Labour recommended the setting
up of a small Compact Committee to go into the whole question
and to suggest measures for eliminating the abuses prevalent in D
this system. The inter-State migrant workmen are generally
illiterate, unorganised and have normally to work under extremely
adverse conditions and in view of these hardships, some
administrative and legislative arrangements both in the State from
where they are recruited and also in the State where they are
E
engaged for work are necessary to secure effective protection
against their exploitation. The Compact Committee which was
constituted in February, 1977, therefore, recommended the
enactment of a separate Central legislation to regulate the
employment of inter-State migrant workmen as it was felt that
the provisions of the Contract Labour (Regulation and Abolition) F
Act, 1970, even after necessary amendments would not adequately
take care of the variety of malpractices indulged in by the
contractors/Sardars/Khatadars, etc., and the facilities required to
be provided to these workmen in view of the peculiar
circumstances in which they have to work.
G
3. The recommendations of the Compact Committee have been
examined in consultation with the State Governments and the
Ministries of the Government of India and the suggestions made
by them have been taken into account in formulating the proposals
for legislation. The main features of the Bill are as follows:-
H
204 SUPREME COURT REPORTS [2021] 7 S.C.R.
A (i) The proposed legislation will apply to every establishment in
which five or more inter-State migrant workmen are employed
or were employed on any day of the preceding twelve
months. It will also apply to every contractor who employs
or employed five or more inter-State migrant workmen on
any day of the preceding twelve months.
B
(ii) The establishment proposing to employ inter-State migrant
workmen will be required to be registered with registering
officers appointed under the Central Government or the State
Governments, as the case may be, depending on whether
the establishment falls under the Central sphere or State
C sphere. Likewise, every contractor who proposes to recruit
or employ inter-State migrant workmen will be required to
obtain a licence from the specified authority both of the State
to which the workman belongs (home State) and the State in
which he is proposed to be employed (host State).
D (iii) The contractor will be required to furnish particulars regarding
the workmen in the form to be prescribed by rules to the
specified authority of both the home State and the host State.
The contractor will also be required to issue to every workman
employed by him, a pass book containing the details of the
E employment.
(iv) Specific guidelines have been indicated regarding the wages
payable to inter-State migrant workman and he is required
to be paid wages from the date of his recruitment.
(v) The inter-State migrant workman will be entitled to a
F displacement allowance and a journey allowance in addition
to his wages.
(vi) The amenities that are required to be provided to the workmen
would include provision of suitable residential accommodation,
adequate medical facilities, protective clothing to suit varying
G climatic conditions and suitable conditions of work taking
into account that they have migrated from another State.
(vii) Inspectors will be appointed by the appropriate Government
to see that the provisions of the legislation are being complied
with. In addition, power has been given to the State
H Government of the home State to appoint, after consultation
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 205
[ASHOK BHUSHAN, J. ]
with the Government of the host State, inspectors for visiting A
the establishments wherein workmen from the former State
are employed to see whether the provisions of the legislation
are being complied with in the case of such workmen.
(viii) The inter-State migrant workman may raise an industrial
dispute arising out of his employment either in the host State B
or in the home State after his return to that State after the
completion of the contract of employment. He will also be
permitted to apply for the transfer of proceedings in relation
to an industrial dispute pending before an authority in the
host State to the corresponding authority in the Home State
on the ground that he has returned to the State after the C
completion of his contract.
(ix) Deterrent punishments have been proposed for the
contravention of the provisions of the legislation.”
42. Section 1(4) provides for applicability of the Act in following D
manner:-
“1(4) It applies-
(a) to every establishment in which five or more inter-State migrant
workmen (whether or not in addition to other workmen) are
employed or who were employed on any day of the preceding E
twelve months;
(b) to every contractor who employs or who employed five or
more inter-State migrant workmen (whether or not in addition to
other workmen) on any day of the preceding twelve months.”
F
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 otherwise
requires,-
G
XXXXXXXXXXXX
(b) "contractor", in relation to an establishment, means a person
who undertakes (whether as an independent contractor, agent,
employee or otherwise) to produce a given result for the
establishment, other than a mere supply of goods or articles H
206 SUPREME COURT REPORTS [2021] 7 S.C.R.
A of manufacture to such establishment, by the employment
of workmen or to supply workmen to the establishment, and
includes a sub-contractor, Khatadar, Sardar, agent or any
other person, by whatever name called, who recruits or
employs workmen;
B (e) "inter-State migrant workman" means any person who is
recruited by or through a contractor in one State under an
agreement or other arrangement for employment in an
establishment in another State, whether with or without the
knowledge of the principal employer in relation to such
establishment;”
C
44. Chapter II deals with registration of establishments employing
inter-State Migrant Workmen. Section 6 contains an injunction that no
principal employer of an establishment shall employ inter-State migrant
workmen in the establishment unless a certificate of registration in respect
of such establishment is issued under the Act. Similarly, Chapter III
D deals with licensing of contractors. Section 8(2) provides that a licence
under sub-section (1) may contain the terms and conditions of the
agreement or other arrangement under which the workmen will be
recruited, the remuneration payable, hours of work, fixation of wages
and other essential amenities in respect of the inter-State migrant
E workmen are to be included. Section 12 provides for duties and obligations
of contractor. Section 12(1)(a) provides that it shall be the duty of every
contractor to furnish such particulars and in such form as may be
prescribed, to the specified authority in the State from which an inter-
State migrant workman is recruited and in the State in which such
workman is employed, within fifteen days from the date of recruitment,
F or, as the case may be, from the date of employment. In the Rules
framed namely “the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Central Rules, 1980”, Rule 21
provides for following:-
“21. Particulars of migrant workman.- (1) Every contractor
G shall furnish to the specified authorities the particulars regarding
recruiting and employment of migrant workmen in Form X.
(2) The particulars shall be either personally delivered by the
contractor to the concerned specified authorities or sent to them
by registered post.”
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 207
[ASHOK BHUSHAN, J. ]
45. Form X under which the information is to be given by a A
contractor contains various details pertaining to the migrant workmen.
In event, the licensed contractors engage migrant workmen, he is bound
to give the particulars of the migrant workmen to the specified authorities
and it is in the domain of the authorities recruiting migrant workers to
enable the authorities to reach the migrant workers and extend the
B
benefits to which such migrant workers are entitled. Chapter VI of the
Act deals with inspecting staff and Section 20 deals with Inspectors.
The appropriate Government is to appoint Inspectors for the purpose of
this Act.
46. Learned counsel appearing for different applicants and
intervenors have contended that though 1979 enactment has been C
implemented by several States but neither there is proper licensing of
contractors nor registration of establishments due to which the migrant
workers are not able to reap the benefit to which they are entitled.
References of different State, i.e., State of Karnataka (2017), State of
Kerala (2018) have been made where it has been stated that 1979 D
enactment has not been implemented. A legislation which has been
enacted by the Parliament as a welfare measure for the migrant workers
needs to be strictly implemented. The affidavits filed on behalf of different
States and Union Territories does not give any facts and figures pertaining
to implementation of the Act. Non-implementation of the Act adversely
affects the rights of migrant workers. We, thus, are of the view that a E
direction need to be issued to the States/Union Territories to register all
establishments and license all contractors under the Act and ensure that
statutory duty imposed on the contractors to give particulars of the migrant
workers is fully complied with. The competent authority while registering
the establishments and granting license to the contractors may also impose F
conditions pertaining service condition, journey allowance and other
facilities as set out in Chapter V of the Act.
(v) Registration of Unorganised Workers
47. In orders passed by this Court in these proceedings on
09.06.2020 and 31.07.2020, we have already referred to enactments G
namely (i) The Building and other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996; and the Unorganized
Workers’ Social Security Act, 2008. The 1996 enactment was enacted
by Parliament to regulate the employment and conditions of service of
building and other construction workers and to provide for their safety, H
208 SUPREME COURT REPORTS [2021] 7 S.C.R.
A health and welfare measures and for other matters connected therewith.
The Act provides for registration of establishments. Chapter IV provides
for registration of building workers as beneficiaries and also contemplates
issuance of identity cards. Sections 12 and 13 of the 1996 Act are as
follows:-
B “12. Registration of building workers as beneficiaries:-(1)
Every building worker who has completed either eighteen years
of age, but has not completed sixty years of age, and who has
been engaged in any building or other construction work for not
less than ninety days during the preceding twelve months shall be
eligible for registration as a beneficiary under this Act.
C
(2) An application for registration shall be made in such
form, as may be prescribed, to the officer authorised by the Board
in this behalf.
(3) Every application under sub-section (2) shall be
D accompanied by such documents together with such fee not
exceeding fifty rupees as may be prescribed.
(4) If the officer authorised by the Board under sub-section
(2) is satisfied that the applicant has complied with the provisions
of this Act and the rules made thereunder, he shall register the
E name of the building worker as beneficiary under this Act:
Provided that an application for registration shall not be rejected
without giving the applicant an opportunity of being heard.
(5) Any person aggrieved by the decision under sub-section
(4) may, within thirty days from the date of such decision, prefer
F an appeal to the Secretary of the Board or any other officer
specified by the Board in this behalf and the decision of the
Secretary or such other officer on such appeal shall be final:
Provided that the Secretary or any other officer specified
by the Board in this behalf may entertain the appeal after the
G expiry of the said period of thirty days if he is satisfied that the
building worker was prevented by sufficient cause from filing the
appeal in time.
(6) The Secretary of the Board shall cause to maintain
such registers as may be prescribed.
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 209
[ASHOK BHUSHAN, J. ]
13. Identity cards:-(1) The Board shall give to every A
beneficiary an identity card with his photograph duly affixed thereon
and with enough space for entering the details of the building or
other construction work done by him.
(2) Every employer shall enter in the identity card the details
of the building or other construction work done by the beneficiary B
and authenticate the same and return it to the beneficiary.
(3) A beneficiary who has been issued an identity card under
this Act shall produce the same whenever demanded by any officer
of Government or the Board, any inspector or any other authority
for inspection.” C
48. The other enactment, which has been enacted by Parliament
to provide for the social security and welfare of unorganized workers’ is
the Unorganised Workers’ Social Security Act, 2008. The Statement of
Objects and Reasons of the enactment elaborately noticed the object
and purpose of the enactment, which is to the following effect:- D
“Statement of Objects and Reasons.-
It is estimated that the workers in the unorganised sector constitute
more than ninety-four per cent. of the total employment in the
country. On account of their unorganised nature, these workers
do not get adequate social security. Some welfare schemes are E
being implemented by the Central Government for specific groups
of unorganised sector workers such as beedi workers, non-coal
mine workers, cine workers, handloom weavers, fishermen, etc.
State Governments are implementing welfare programmes for
certain categories of unorganised sector workers and some Non- F
Government Organisations also provide social security to certain
categories of workers. Despite all these efforts, there is a huge
deficit in the coverage of the unorganised sector workers in the
matter of labour protection and social security measures ensuring
the welfare and well-being of workers in the unorganised sector,
such as agricultural workers, construction workers, beedi workers, G
handloom workers, leather workers, etc.
2. The Unorganised Workers' Social Security Bill, 2007 aims
to provide for social security and welfare of the unorganised sector
workers and for matters connected therewith or incidental thereto.
The Bill, inter alia, provides for the following matters, namely:- H
210 SUPREME COURT REPORTS [2021] 7 S.C.R.
A (i) The Central Government shall constitute a National
Social Security Advisory Board to recommend suitable
welfare schemes for different sections of unorganised
sector workers, and upon consideration of these
recommendations, the Central Government may notify
suitable welfare schemes relating to life and disability
B
cover, health and maternity benefits, old age protection,
or any other benefits.
(ii) The State Government shall constitute the State Social
Security Advisory Board to recommend suitable welfare
schemes for different sections of unorganised workers
C in that State and the State Government may notify
suitable schemes for one or more sections of the
unorganised workers.
(iii) A worker of an unorganised sector shall be eligible for
social security benefits if, he is duly registered. Every
D registered worker in the unorganised sector shall be
issued an identity card which shall be a smart card
carrying a unique identification number and shall be
portable.
(iv) The Central Government and the State Government shall
E have the power to make rules for the purposes of
carrying out the objects of the Bill.
3. The Bill seeks to achieve the above objectives.”
49. The Unorganised Workers constitute ninety-four percent of
F the work force, which is also noticed in the Statement of Objects and
Reasons extracted above. The unorganized workers belong to poor strata
of society, less educated and are not much aware of their rights and
obligations of their employer. Unorganised workers are also not able to
easily get themselves registered under Act, 2008 so as to enable them to
reap the welfare schemes of the Central Government as well as of the
G State Governments. Section 10 deals with the registration and social
security benefit, which is to the following effect:-
“10. Eligibility for registration and social security benefits.—
(1) Every unorganised worker shall be eligible for registration
subject to the fulfilment of the following conditions, namely:—
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 211
[ASHOK BHUSHAN, J. ]
(a) he or she shall have completed fourteen years of age; A
and
(b) a self-declaration by him or her confirming that he or
she is an unorganised worker.
(2) Every eligible unorganised worker shall make an application
in the prescribed form to the District Administration for registration. B
(3) Every unorganised worker shall be registered and issued an
identity card by the District Administration which shall be a smart
card carrying a unique identification number and shall be portable.
(4) If a scheme requires a registered unorganised worker to make C
a contribution, he or she shall be eligible for social security benefits
under the scheme only upon payment of such contribution.
(5) Where a scheme requires the Central or State Government to
make a contribution, the Central or State Government, as the case
may be, shall make the contribution regularly in terms of the D
scheme.”
50. At this stage, we may notice the provisions of Code on Social
Security, 2020. Although, Code on Social Security, 2020 has received
the Presidential assent in August, 2020 but the same has not yet been
enforced except the provision for use of Aadhaar. Thus, the registration
E
under Act, 1996 and Act, 2008 as noted above has to continue till the
provisions of Code on Social Security, 2020 are enforced, the registration
of unorganized workers both under Act, 1996 and Act, 2008 is beneficial
to the unorganized workers since it is only after registration they are
able to access the welfare schemes of the Central Government and the
State Governments. The registration of the unorganized workers is, thus, F
pivotal and most important insofar as welfare of workers is concerned.
51. We had in our various orders passed in this proceedings had
asked the States/Union Territories to file affidavits regarding the status
of registration of workers undertaken under the various legislations of
States and Union Territories and they have filed their detailed affidavits G
referring to status of registration of workers. From the facts as brought
on record on behalf of States/Union Territories, steps taken by respective
States and Union Territories are decipherable. It is useful to notice briefly
the status of registration as reflected in the affidavits of different States.
H
212 SUPREME COURT REPORTS [2021] 7 S.C.R.
A NCT Delhi
52. In the affidavit dated 08.06.2021 filed on behalf of State of
NCT Delhi, no details regarding process of registration of construction
workers, inter-State migrant workers and unorganized workers have
been mentioned. However, in the note dated 14.06.2021 submitted on
B behalf of NCT Delhi with regard to Act, 1979 and Act, 1996, it has been
stated that online portal for registration of establishments employing
migrant workers is in place since December, 2019. It is further mentioned
that Delhi Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service) Rules, 1982 have been notified on 04.06.1982.
It is further stated that by virtue of Section 2(e), migrant workers
C themselves cannot register under Act, 1979 and it is the contractor, who
has to register the migrant workers. With regard to Act, 1996, it is stated
that under the said Act, Delhi Building and Other Construction Workers
(RE & CS) Rules, 2002 have been notified. It is further mentioned that
steps are being taken by issuing notice to the various employers to get
D them registered under Act, 1996. With regard to the Unorgnised Workers’
Social Security Act, 2008, following is the statement made:-
i. Unorganized Workers Social Security Act, 2008 has been
subsumed in the Code on Social Security, 2020. Labour
Department, GNCTD is drafting Rules under Code on Social
E Security Code, 2020.
ii. Central Government is in the process of making a National
Database for Unorganised Workers (NDUW) and Integrated
Portal for Social Security and Welfare Schemes, on
Unorganised workers – State wise regarding unorganized
F workers and also develop a suitable National Software for
registration of unorganized workers which will have
uniformity across the country and portability also – action is
awaited from Central Government, in this regard.
iii. Job portal was launched by GNCTD on 27.07.2020 to provide
G a interactive platform between the employers and prospective
jobseekers. This interactive platform shall help prospective
jobseekers to procure employment.”
State of Gujarat
53. It is submitted that an estimated 23 lakhs inter-State migrant
H workers are engaged in various industries, establishments and factories
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 213
[ASHOK BHUSHAN, J. ]
in the State of Gujarat. In pursuance of the same, it is submitted that the A
portal, called the “e-nirman” portal is ready and is launched by the Hon’ble
Chief Minister of Gujarat on 08.06.2021 and made operational. Through,
the “e-nirman” portal, the construction workers will now be provided
with a smart card containing their details as opposed to a physical
passbook which was being provided in the older system. The smart card
B
will enable the construction workers to directly avail the benefits of more
than 20 schemes of the Government pertaining to maternity assistance,
assistance in cases of death and permanent disability, educational
assistance, hostel facility scheme etc. and thus permeating the deepening
the impact of such schemes for the beneficiaries.
54. The State of Gujarat has simultaneously set up a portal C
(gujaratuwin.csccloud.in) for registration of Unorganised Workers. The
said portal is also launched by Hon’ble Chief Minister of Gujarat on
08.06.2021 and made operational, along with the “e-nirman” portal. This
portal for Unorganised Workers is also integrated with more than 21290
Common Service Centres in the State and will be used to issue D
Unorganised Worker Identity Number (U-WIN) cards. It is submitted
that the data registered on this portal will be subsequently integrated
with the National level portal that is being operationalised in the form of
the National Database of Unorganised Workers Project by the
Government of India.
E
55. It is submitted that district-wise pockets of unorganised workers
like street vendors, retail workers, fisherman, textile market workers,
wiremen, rickshaw drivers, kite making workers, vegetable sellers, bidi
making workers, tailors etc. have already been identified and a registration
drive will be carried out focusing on such pockets. Thus, the process of
registration will be brought to the doorstep of unorganized workers. F
State of Telangana
56. It has been stated on behalf of State of Telangana that the
registration of workers and issue of identity cards to the unorganized
workers will be processed soon after receiving the Registration Module G
from Government of India, Ministry of Labour and Employment, New
Delhi.
State of Chhatisgarh
57. At the outset, it is submitted that in compliance of the orders
of this Court, approximately 4,34,658 migrant workers who have returned H
214 SUPREME COURT REPORTS [2021] 7 S.C.R.
A to the State of Chhatisgarh from other states have been benefited
according to their eligibility under various schemes of the Central
Government and State Government.
58. The registration of unorganized workers is being done through
the online portal and a total of approximately 14,33,702 unorganised
B workers have been registered.
State of Uttar Pradesh
59. The State of UP is maintaining a robust system of registration
of such migrant workers as they come into the State, as has been detailed
in the previous affidavit dated 22.05.2021. A portal on the website of the
C Relief Commissioner, http://www.rahat.up.nic.in, has been created, on
which all relevant details of all migrant workers are to be uploaded in
real-time.
60. As per data available with the Director, Training and
Employment, Uttar Pradesh, as many as 37,84,255 migrant workers have
D returned to their native places during the entire Covid-19 pandemic period.
Their skill mapping has been completed and 10,44,710 labourers have
already been given employment in different schemes of different
departments of the State Government. It is submitted that as per the
data available as on 08.06.2021, the details/data of 3,79,220 migrant
E workers have been registered and their skills mapped on the
rahat.up.nic.in portal since 01.04.2021.
61. It is further submitted that the rahat.up.nic.in portal is also
being utilized to identify workers other than registered workers for availing
of the benefit of the decision taken by the State Cabinet on 15.05.2021
F to provide all eligible persons a sustenance allowance of Rs.1000 per
month by way of direct Bank Transfer. The rahat.up.nic.in portal is to
be utilized for the purpose of such registration of such beneficiaries. As
on 08.06.2021 the data/details of 12,92,247 such persons has been
uploaded on the rahat portal since 18.05.2021.
State of Jharkhand
G
62. It is submitted that during the second phase of lockdown, an
additional number of 39,853 have been registered under the Building and
other Construction Workers (Regulation of Employment and Conditions
of Service) Act, 1996 (BOCW Act). Out of these benefits have been
extended to 22,830 beneficiaries and Rs.13,98,15,919/- has been disbursed
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 215
[ASHOK BHUSHAN, J. ]
under various schemes run by the Jharkhand Building and Other A
Construction Workers Welfare Board, Ranchi.
63. It is further submitted that directions have been issued to
Officers in the State by Labour Commissioner, Jharkhand vide letter
No.557 dated 28.05.2021 and letter No.577 dated 08.06.2021 to complete
the process of registration of unorganised workers in the area under B
their jurisdictions and the following steps have been taken:-
(a) Under Unorganised Workers Social Security Act, 2008, 14.71
lakhs unorganized workers have been registered till now.
(b) Five Schemes have been launched by the State for the benefit
of unorganized workers. C
(c) In the financial year 2020-2021 total number of registered
beneficiaries sum of Rs.51,50,650/- has been disbursed under
different schemes.
State of Bihar D
64. The State of Bihar has submitted details regarding registration
of migrant labours in the affidavit dated 21.05.2021. About 19 lakh migrant
labours were registered and brought under skill mapping through the
portal app on their arrival at their blocks/Block Quarantine Camps. About
11 lakh migrant labours were registered under Shramik Panjikaran Portal
E
of the Labour Resource Department. About 2 lakh unorganized workers
have been enrolled under “Pradhan Mantri Shram Yogi Maandhan Yojna”.
65. Regarding the development of National Data Base for the
Unorgganised Workers (NDUW), it is respectfully submitted that the
Ministry of Labour and Employment, Government of India vide its letter
F
D.O.No.M-16011/1/2019-SS-III dated 28.10.2020 has informed to the
State Government that it has started the development of comprehensive
National Data Base for the Unorganized Workers (NDUW) including
migrant and construction workers. The portal may be used for the delivery
of various Social Security/Welfare Schemes. It was also informed that
the NDUW portal is being developed under the technical guidance of G
NIC.
66. It is further submitted that it was expected from the department
to provide comprehensive action plan for the registration of unorganized
workers along with the details of two Nodal Officers. The department
through its letter No.1/UL.10-05/2020-21 dated 08.04.2021 nominated H
216 SUPREME COURT REPORTS [2021] 7 S.C.R.
A the Labour Commissioner, Bihar and Joint Labour Commissioner, Bihar
as the nodal officers for the implementation of the National Data Base
for the Unorganised Workers (NDUW). Further, the department also
provided the comprehensive action plan for the registration of unorganized
workers to the Ministry of Labour and Employment vide letter No.-1/
UL.10-05/2020-107 dated 16.04.2021.
B
State of Karnataka
67. The Karnataka Building and other Construction Workers
Welfare Board under the Act, 1996 has computerized the registration
process and the eligible building and other construction workers are
C registered through the “Seva Sindhu portal”. Once registered, smart cards
with unique identity number are provided to the workers. The note
submitted on behalf of State of Karnataka also refers to 19 welfare
schemes formulated by Karnataka Building and Other Construction
Workers Board. With regard to Act, 2008, it has been stated that
Karnataka State Unorganised Workers Social Security Board is
D functioning under Labour Department of the State of Karnataka in
registering 11 categories of Unorganised Sector Workers on web portal
“ksuwssb.in”.
State of West Bengal
E 68. The Government of West Bengal in its affidavit has referred
to a Scheme under which cash benefit of Rs.1,000/- was transferred to
the unorganized workers, who were permanent resident of West Bengal
and not getting any benefit from any Government Scheme. The no details
have been given regarding process of registration under the aforesaid
two Acts.
F
State of Madhya Pradesh
69. With regard to registration of migrant workers, following is
stated:-
“The Panchayat and Rural Development Department through
G Gram Panchayat machinery in Rural area and Urban
Administration Department through their Urban local bodies in
urban areas are in process of compiling information with respect
of all categories of migrants and their family returning back to
their residences. A portal namely “PRAVASISHAMIK” has been
launched wherein migrants returned to their residences in Madhya
H
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 217
[ASHOK BHUSHAN, J. ]
Pradesh are registered by the Panchayat and Urban Body’s local A
staff respectively. Total number of 41,392 migrant workers have
been registered on this portal till 01.06.2021.
Besides above, registration of unorganized workers had started in
State in the year 2018 under the ‘Mukhyamantri Jan Kalyan
(SAMBAL) Yojana’. Under the said scheme, approximately 1.47 B
unorganised workers with complete database have so far been
registered.”
State of Maharashtra
70. With regard to registration of unorganized workers, it has been
stated that under Act, 2008, Maharashtra Unorganised Workers Social C
Security Rules, 2013 have been framed. Maharashtra Social Security
Board has also been constituted on 03.04.2018. The registration under
the Unorganised Workers Social Security Act, 2008 has yet to start, but
till date, around 5,88,304 workers have been enrolled under Pradhan
Mantri Shram Yogi Maandhan Yojana through Common Service Centres D
since March, 2019. Further, the unorganized workers will also be given
benefits of various schemes by the State Government, such as (i)
provident fund, (ii) financial assistance in case of injury at work place,
(iii) housing schemes, (iv) scholarship scheme for children, (v) skill
development, (vi) funeral benefits, (vii) old age homes.
E
71. Further, with regard to Act, 1996, following has been stated
on behalf of the State of Maharashtra:-
“In exercise of Section 18 of the Building and Other Construction
Workers (Regulation of Employment and Conditions of Service)
Act, 1996, the State has constituted the Maharashtra Building F
and Other Construction Workers Welfare Board (“the Board”).
The Bard has undertaken various measures to register construction
workers. The Board has implemented four special registration
drives in the last two years across Maharashtra. The monthly
contribution of registered construction workers is reduced to Rs.1/
- per month (from Rs.5/- per month). The Board is taking help of G
NGOs, workers union and local representatives for registration
of construction workers. Monitoring Committees under the
Chairmanship of district collectors is also constituted for
registration, renewal and benefit distribution. Benefit distribution
programs were also conducted in presence of the Chief Minister,
H
218 SUPREME COURT REPORTS [2021] 7 S.C.R.
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
72. In our last order, we had referred to earlier order of this Court
dated 21.08.2018 passed in Special Leave Petition (Crl.) No. 150 of
2012. This Court had directed the Ministry of Labour and Employment
to make available the module to all States and Union Territories for
purposes of registration under Act, 2008 and following was the order
C 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
D
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.”
73. In spite of the above direction which was issued on 21.08.2018,
the Ministry of Labour and Employment has not yet been able to provide
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 A
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 B
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
74. We had specifically directed to the Union of India by our
order dated 24.05.2021 to file a detailed affidavit with regard to process
of registration of unorganized workers as undertaken by Ministry of
Labour and Employment. In pursuance of our direction, an affidavit has
been filed by the Union of India dated 09.06.2021. In paragraphs 16, 17 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 F
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 G
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
220 SUPREME COURT REPORTS [2021] 7 S.C.R.
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
D workers, in order to ensure that they can be the rightful
beneficiaries of the various schemes/benefits by the Central
Government and the State Governments.”
75. Regarding registration of unorganized workers, the stand taken
by the Union of India as noted above does not commend us. We have
E 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
F 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
G 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
H 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.
76. 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 C
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 D
for the migrant workers and unorganized workers remain only on paper
without giving any benefit to unorganized workers.
(vi) Community Kitchen
77. Most of the States during this pandemic have been running
community kitchens for migrant labourers and other persons, who needed E
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
222 SUPREME COURT REPORTS [2021] 7 S.C.R.
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
C 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
D
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/-.
78. It is true that after relaxation of lockdown and restrictions
imposed, all the industries have started functioning, providing of
employment to large number of people including migrant workers but
G 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
H 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 A
unable to arrange for his two meals can remain hungry.
(vii) Direct Bank Transfer to unorganized workers.
79. All States have filed their affidavits and most of the States
have made direct bank transfers to construction workers, who are
registered under Act, 1996. The amount ranging from Rs.1,000/- to 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 C
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 D
that in event any person is entitled for direct bank transfer as per the
existing scheme in any State, he can avail the said benefit by the
mechanism as provided in the policy decision.
80. In view of the foregoing discussions and our conclusions, we
dispose of the writ petitions with the following directions:- 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 F
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 G
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
224 SUPREME COURT REPORTS [2021] 7 S.C.R.
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
B 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
C 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
D 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
E 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
H does not have sufficient means to procure two meals a day.
IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS 225
[ASHOK BHUSHAN, J. ]
The running of the community kitchen should be continued A
at-least till pandemic (Covid-19) continues.
81. In view of the above directions, this writ petition and the Writ
Petition (C) No.916 of 2020 are disposed of.
Devika Gujral Writ petitions disposed of. B
C
D
E
F
G
H
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