Legal Analysis on Registration of Unorganised Workers

Explore the in-depth legal analysis conducted by the court regarding the registration of unorganised workers. The directives and guidelines issued aim to streamline the registration process, ensuring that migrant labourers receive the necessary benefits and support. Stay informed about the court’s legal perspective on this crucial matter.

Facts

  • The Ministry of Consumer Affairs, Food and Public Distribution is responsible for allocating and distributing foodgrains based on the demand from the States.
  • Additional foodgrains are being allocated for distribution to migrant laborers as per the demand from the States/Union Territories.
  • The Central Government’s Department of Food and Public Distribution has undertaken to distribute the additional foodgrains as requested by the States for the welfare of migrant laborers.
  • The distribution of foodgrains to migrant laborers is part of a scheme framed by the States to support this vulnerable group.

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Analysis

  • Completion of registration of unorganized labourers/migrant workers by 31.12.2021.
  • Cooperation of concerned States/Union Territories and Licence Holders/Contractors to facilitate registration process.
  • Availability of welfare scheme benefits to registered migrant workers and unorganized labourers.
  • Implementation of scheme for distribution of dry ration to migrant labourers by states.
  • States to request additional foodgrains from Central Government for ration distribution.
  • Mandatory implementation of ‘One Nation One Ration Card’ scheme by states by 31.07.2021.
  • The Ministry of Labour and Employment launched the eShram portal for registration of unorganised workers on 26.08.2021, with targets set for States/UTs.
  • States were provided with guidelines and targets to be achieved by 31.12.2021 for registration of unorganised workers.
  • States like Maharashtra, Tamil Nadu, and Telangana have not met their registration targets on the eShram portal.
  • Union of India directed states to register establishments and license contractors under the Act of 1979 to comply with statutory duties towards migrant workers.
  • States failing to achieve registration targets were directed to cooperate with the Ministry of Labour and Employment to register unorganised workers in different sectors within six weeks.
  • The Union of India was directed to re-determine coverage under the National Food Security Act (NFSA) based on updated population figures post-2011 census.
  • Concern raised that migrants/unorganised workers are deprived of NFSA benefits due to lack of ration cards.
  • Union of India instructed to come up with an appropriate policy to ensure more needy persons receive NFSA benefits.
  • Issues related to food grain allocations for migrant labourers addressed, with a directive to provide additional food grains as per local needs.
  • Emphasis placed on the registration of migrants/unorganised workers to ensure benefits from government schemes reach them.
  • States/Union Territories instructed to run community kitchens for migrant labourers in need of meals, especially during the pandemic.
  • Central government developed a portal for registration of unorganised workers/migrant workers, with over 27.45 Crores registered on the portal.
  • Ongoing efforts needed to achieve registration targets in states like Maharashtra, Tamil Nadu, Telangana, Gujarat, and Karnataka.
  • One Nation One Ration Card facility enabled nationwide for NFSA beneficiaries.
  • Additional directives issued for re-determining NFSA coverage based on current population estimates and to file a composite report on compliance with court orders.

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Case Number: MA-000094 / 2022

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