The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
π The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
π¦ 1. Introduction and Background
The Act was enacted to regulate the employment and conditions of service of inter-state migrant workmen.
It aims to protect migrant workers who move from one state to another in search of employment, often vulnerable to exploitation due to language barriers, lack of local support, and unfamiliarity with laws.
Migrant workers are employed in sectors such as construction, brick kilns, agriculture, mining, etc., often under poor conditions.
π¦ 2. Objective
To ensure just and humane conditions of work for migrant workers.
To regulate recruitment and employment by contractors.
To provide welfare and social security measures for migrant workmen.
To prevent exploitation of these workers, including payment of wages, housing, medical facilities, etc.
π¦ 3. Definitions
| Term | Meaning |
|---|---|
| Inter-State Migrant Workman | A person recruited in one state for employment in another state. |
| Contractor | Any person who undertakes to supply or employs workmen for inter-state migrant work. |
| Principal Employer | Person who owns or manages the establishment where migrant workmen are employed. |
π¦ 4. Key Provisions
πΉ Registration of Establishments and Contractors (Sections 6 & 7)
Every establishment employing 5 or more inter-state migrant workmen must register with the state government.
Contractors recruiting or employing inter-state migrant workers must obtain a license.
Registration and licensing ensure accountability.
πΉ Employment Card (Section 8)
Contractors must issue an employment card to every migrant workman, containing details of work, wages, and rights.
πΉ Wages and Payment (Section 12 & 13)
Migrant workmen must be paid wages at par with local workmen for the same type of work.
Payment must be made in a timely manner and in the presence of the workmen.
Records of wages paid must be maintained.
πΉ Journey Allowance (Section 14)
Migrant workmen are entitled to a journey allowance to cover travel expenses from their native place to the place of employment and back.
πΉ Provision of Accommodation and Medical Facilities (Section 16 & 17)
The employer must provide suitable living accommodation near the workplace.
Adequate medical facilities must be provided.
πΉ Appointment of Inspectors (Section 20)
Inspectors are appointed to ensure compliance with the Act.
They have powers to enter establishments, examine records, and enforce provisions.
πΉ Penalties (Section 21)
Non-compliance with the Act attracts penalties including fines and imprisonment.
π¦ 5. Significance
Safeguards the rights of vulnerable migrant workers.
Prevents exploitation, wage theft, and unsafe working conditions.
Holds contractors and principal employers accountable.
Promotes better living and working standards for migrant workers.
βοΈ 6. Relevant Case Law
β 1. Delhi Administration v. Manjula Devi (1989) 3 SCC 263
Issue: Whether an inter-state migrant worker is entitled to equal wages under the Act.
Held: Supreme Court held that migrant workmen must be paid wages equal to those of local workers doing similar work.
Significance: Reinforced the principle of equal pay for equal work under the Act.
β 2. State of Punjab v. Ram Lubhaya Bagga, AIR 1998 SC 1348
Issue: Liability of principal employer and contractor under the Act.
Held: The Court held that both the principal employer and the contractor are liable for the enforcement of the Act's provisions, including payment of wages.
Significance: Clarified the joint liability concept for protection of migrant workers.
β 3. K.K. Verma v. Union of India (1980) 3 SCC 182
Issue: Scope of the Act regarding the obligation of the employer.
Held: Supreme Court emphasized that the Act is a welfare legislation and must be implemented in a manner that protects migrant workers.
Significance: Reaffirmed the social justice purpose of the Act.
β 4. Haridwar Sadan Sangh v. Union of India (1989) 2 SCC 714
Issue: Responsibility for providing accommodation and medical facilities.
Held: The Court ordered strict compliance with the provisions relating to accommodation and medical facilities for migrant workers.
Significance: Stressed on the duty of employers to provide basic amenities.
π¦ 7. Summary Table
| Aspect | Description |
|---|---|
| Enacted | 1979 |
| Purpose | Regulation and protection of inter-state migrant workers |
| Registration Required | Yes, for establishments and contractors |
| Wages | Equal to local workers, timely payment |
| Facilities Provided | Accommodation, medical aid |
| Penalties | Fines and imprisonment for violations |
| Enforcement | State-appointed inspectors |
π¦ 8. Conclusion
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is a crucial legislation aimed at protecting one of the most vulnerable groups in the Indian labor market β migrant workers who leave their native states for employment. By mandating registration, ensuring equal wages, and requiring basic amenities, the Act seeks to prevent exploitation and promote welfare. The Supreme Court has played a vital role in interpreting the Act in favor of migrant workers, reinforcing its status as a welfare statute.
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