Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 on the Litmus Test
Aug. 15, 2020 • Samarth Luthra
Profile of the Author - Devarshi Malviya is a student of Himachal Pradesh National Law University.
HISTORICAL BACKGROUND
The Interstate Migrant Workmen (Regulation of Employment And Conditions of Service) ACT, 1979 was the brainchild of the Janta Party government, which was enacted by the parliament in 1979. It was recommended by a committee, constituted on the labour ministers of states’ recommendations who were concerned regarding the exploitation of Migrant workers as the committee concluded the Contract labour act, 1970 insufficient to curb the exploitation and also to protect the worker’s right.
IMPORTANT PROVISIONS
It was an act to regulate the employment and the conditions of services of migrant labours. The act applies to both ‘Establishments and Contractors’ who have employed 5 or more Interstate migrant workers or have them employed in the preceding 12 months.
It provides duties to the employer-
- One must file an application to a registering officer as prescribed with the payment of a fee for the registration of the establishment, it brings accountability and formalisation of the process.
- One must maintain registers which consist of the details of the Interstate works and also provide it to the authorities it helps the authorities to keep the track of the labourers employed.
- On the failure of the contractor to pay the wages, benefits and allowances the principal employer shall be liable to pay it, later he can reimburse it from the contractor as per their contract. Violation of which arise the punishments prescribed in the act.
- If any accident or injury occurs to the workers in the course of the employment he must inform the same to the authorities and the kin of the injured worker through the contractor.
- The wages, working hours, number of holidays and other conditions of work and recruitment must be the same as the other local workmen working in the establishment. If the nature of the work is the same.
- The Wages of the migrant workers must be as per the Minimum wages act.
Apart from these, the migrant workers must be provided with Displacement allowance, which is the amount for the sustenance of the worker as he is displaced from the native place for work and started his living at new place, this allowance must be provided at the time of the recruitment that must be equal to 50% of the monthly payable wage or Rupees 75 whichever is higher, it is also provided that the allowance would not be refundable and will be in addition to the wages.
Also, there is a provision for the Journey Allowance which mandates the contractor to pay the sum of the fare of his journey to his residence and back, the workmen are also entitled to the payment of wages while the journey.
THE LOCKDOWN
24th march 2020’s declarations were a nightmare to the interstate migrant workers as the country was forced into a 21-day lockdown due to the pandemic on a very short notice of 4 hours! Later it was extended to 3rd May then to 17th and then to 31st May. As per the situation it was needed but no authority gave a single thought about the migrant workers. The media was flooded with the sorrow of the workmen as they had no choice but to move on their own. Labours are the subject to both Centre and State but no one comes forward to help them. Here comes the failure of the ISMW act as on paper it provides a lot but in practicality, the truth was amongst us.
The Indian Government with the State governments took an initiative especially for the migrant workers “GARIB KALYAN ROZGAR ABHIYAAN”.
On 20th June 2020, PM launched the scheme as the Central and State governments mapped those districts where these migrant workers returned in bulk. There are the 116 districts of Uttar Pradesh, Madhya Pradesh, Bihar, Rajasthan, Odisha and Jharkhand which are spotted for bulk returns and 27 of those are Aspirational districts. The Mapping of skills has been performed in these districts and a lot of candidates were found skilled in some sort of work. To mitigate the problems of these workers the government launched ‘Garib Kalyan Rojgar Abhiyan’ for the 4 months it is a massive rural public works scheme. This scheme will be a boon for these returnee migrant workmen as it will provide the opportunities for livelihood to them.
This scheme will be launched from Telihar Village of Bihar. This Abhiyan will work in a mission mode for 125 days, it primarily focuses on 25 different work types which will provide employment as well as create infrastructure in the rural areas, the resource of Rs. 50,000 cr. has been allotted for this.
The Ministries and Departments of Panchayati Raj, Petroleum & Natural Gas, Rural Development, Road Transport & Highways, Drinking Water & Sanitation, Mines, Railways, Environment, Border Roads, Telecom and Agriculture will perform a coordinated effort to make this Abhiyan a success for providing employment to the migrant workers for 125 days.
REFORMS
The NHRC [1] has suggested some Reforms to the Supreme Court on 5th June 2020, these reforms contain 2 types of measures short term and long term.
- Short term measures suggested:
- For estimation of the migration of workers, states must collect the data of the migrants from both originating and destination states for effective plans of relief.
- The proper implementations of ISMW act by the Centre and State Governments to provide the migrant workmen with the journey allowance.
- For women and adolescent girls across the country, menstrual hygiene products should be provided.
- Properly functioning shelter homes for pregnant women, lactating mothers, children and old age people with nutritious food and medical facilities.
- To Prepare Nation wise and state wise database for creating schemes for migrants workmen state should identify its industry.
- States should ensure toll-free help-lines and desks.
- States must ensure the food, medical care and checkups.
- The originating states should provide some compensation to the poorer workers for their livelihood.
- Railway connectivity must be ensured in a phased manner to help migrants to reach their destination faster.
- A fund must be created to provide it as compensation to migrants reaching their destination.
- Long term measures suggested are:
- To deal with emergencies like Corona Pandemic and natural disasters a special provision must be inserted in the ISMW act, 1979.
- The Employers who despite the orders of continuity of wages left their workmen, a claim commissioner must be appointed for recovery from them.
- Funds must be allotted to gram panchayats through states for the creation of employment.
- To create a nationwide database a National portal to register migrants must be created.
- The families of the migrants who died in the course of migration must be compensated.
- A Ration Card which can be used nationwide should be granted to migrants.
- The benefits of the Social Security act must be provided to migrant workmen.
- The schemes regarding the affordable rental houses for migrants and poor labours should be implemented.
- To resolve inter state migrant labour issues, a Nodal agency must be established by the Labour ministry.
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