IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS versus IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS

IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS versus IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS

Because several States/Union Territories had failed to achieve prescribed targets for registration of unorganised workers on the NDUW/eShram portals despite centralised systems, the Court directed those States to cooperate with the Union Ministry of Labour and Employment and to complete registration within six weeks; further, noting that NFSA coverage is based on the 2011 census and that population has increased, the Court directed the Union to consider a formula or policy (including population projections for 2011-2021) so that NFSA benefits are not unduly restricted and to file a response.

Parties
Petitioner: Petitioner; Respondent: Union of India
Jurisdiction
India
Judgment Date
21 July 2022
Procedural Posture
Suo Motu Writ Petition (civil) No. 6 of 2020 / Miscellaneous Application No. 94 of 2022; Order Dated 21.07.2022
Outcome
Court issued directions to States/Union Territories and the Union of India to complete registration targets and to consider NFSA coverage adjustments; matter listed for further hearing.
Legal Topics
Migrant Labour, Unorganised Workers Registration, E Shram Portal, National Food Security Act, 2013, One Nation One Ration Card, Right to Food
Labour Law Constitutional Law Administrative Law Social Welfare Law Migrant Labour Unorganised Workers Registration E Shram Portal National Food Security Act, 2013 +2 more

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Parties

Petitioner

Petitioner

Union of India

Respondent

Procedural Posture

Suo Motu Writ Petition (civil) No. 6 of 2020 / Miscellaneous Application No. 94 of 2022; Order Dated 21.07.2022

Legal Issues

  1. 1 Whether States/Union Territories must complete registration of unorganised workers/migrant workers on the eShram/NDUW portal and within what timeframe
  2. 2 Whether additional allocation/distribution of foodgrains for migrant labourers has been provided and how it is to be implemented
  3. 3 Whether coverage under the National Food Security Act, 2013 should be re-determined under Section 9 in light of population increase since the 2011 census

Ratio Decidendi

Because several States/Union Territories had failed to achieve prescribed targets for registration of unorganised workers on the NDUW/eShram portals despite centralised systems, the Court directed those States to cooperate with the Union Ministry of Labour and Employment and to complete registration within six weeks; further, noting that NFSA coverage is based on the 2011 census and that population has increased, the Court directed the Union to consider a formula or policy (including population projections for 2011-2021) so that NFSA benefits are not unduly restricted and to file a response.

Court Disposition

Court issued directions to States/Union Territories and the Union of India to complete registration targets and to consider NFSA coverage adjustments; matter listed for further hearing.

Orders

  • States/Union Territories who have not achieved registration targets on the eShram/NDUW portal (examples noted: Maharashtra, Tamil Nadu, Telangana, Gujarat, Karnataka) are directed to cooperate with the Union Ministry of Labour and Employment and ensure registration of unorganised workers within six weeks from...
  • Concerned States/Union Territories to submit a report to the Union of India - Ministry of Labour and Employment on completion of the six-week period so that a composite status report can be filed