The inter-state Migrant Workmen (Regulations Employment and Conditions of Service ), Act, 1979 | Labour and Industrial Law - CLAT PG PDF Download

Background

• Inter-State Migrant Workmen are often exploited by contractors (Sardars) who recruit them from different states and employ them in other states without ensuring basic working conditions.
• Contractors often fail to keep promises made during recruitment, such as settling wages on a piece-rate basis every month.
• Workers are taken to distant locations with only the railway fare paid by the contractor, and they face uncertain working hours and poor conditions.
• The Labour Ministers' Conference in 1976 recommended measures to protect and welfare of Dadan Labour, leading to the formation of a Compact Committee in 1977.
• The Compact Committee suggested enacting separate Central legislation to regulate the employment of inter-State migrant workmen, as existing laws were inadequate.
• The proposed legislation aims to protect inter-State migrant workmen who are generally illiterate, unorganised, and work under adverse conditions.
• The legislation seeks to address the abuses prevalent in the employment of inter-State migrant workmen and ensure their rights and welfare.

Object of the Act

• The Act aims to regulate the employment of inter-State migrant workmen and ensure their conditions of service and related matters are properly managed.

Extension of the Act

• The Act applies to the entire territory of India.
• The Central Government has the authority to postpone or relax the implementation of any provisions of the Act in specific States for up to one year from its commencement if deemed necessary in the public interest.

The Main Features of the Act

• The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is a crucial law in India aimed at protecting inter-state migrant workers from exploitation.
• The Act mandates that all establishments hiring inter-state migrants must be registered, and contractors recruiting such workers need to be licensed.
• Contractors are required to provide detailed information about all migrant workers to the relevant authorities.
• Migrant workers are entitled to wages comparable to other workers, along with additional benefits such as displacement allowance, journey allowance, and wage payment during travel.
• Contractors must ensure timely wage payments, non-discrimination, adequate accommodation, free medical facilities, and protective clothing for the workers.

Applicability

• The Act applies to every establishment where five or more inter-State migrant workmen are employed or were employed in the past twelve months.
• It also applies to every contractor who employs or has employed five or more inter-State migrant workmen during the same period.

Definitions

• Contractor: A person who undertakes to produce a given result for an establishment by employing workmen or supplying workmen, including subcontractors, Khatadars, Sardars, agents, or any other person who recruits or employs workmen.
• Inter-State migrant workman: A person recruited by or through a contractor in one State for employment in an establishment in another State, regardless of the principal employer's knowledge.
• Principal employer: The head of an office or department of the Government or local authority, the owner or occupier of a factory, the owner or agent of a mine, or any person responsible for the supervision and control of any other establishment.
• Workman: Any person employed in or in connection with the work of any establishment to perform skilled, semi-skilled, or unskilled manual, supervisory, technical, or clerical work for hire or reward, excluding those in managerial or administrative roles or certain supervisory positions.

Salal Hydro Project v. State of J & K

• Workers recruited by khatadars and brought from other States for work in construction projects carried out by the Central Government or contractors/sub-contractors acting under its authority are considered inter-State migrant workmen.

Bandhua Mukti Morcha v. Union of India

• Thekedars or Jamadars who recruit laborers or workers for mine lessees or owners from other States, either directly or through laborers or workers already employed, are considered contractors.
• The individuals recruited by these contractors are classified as inter-State migrant workmen and are entitled to all the benefits provided under the Act.

Registration of Establishments Employing Inter-State Migrant Workmen

Appointment of Registering Officers

• The appropriate Government can appoint officers of the Government as registering officers for the purposes of this chapter.

Registration of Certain Establishments

• Application for Registration: Every principal employer of an establishment covered by this Act must apply to the registering officer for registration in the prescribed form and on payment of prescribed fees.
• Late Applications: The registering officer can accept late applications if the applicant had a valid reason for the delay.
• Processing Time: The registering officer must register the establishment and issue a certificate of registration within one month if the application is complete.
• Incomplete Applications: If the application is not complete, it will be returned to the principal employer.
• Default Registration: If the registering officer fails to act within one month, they must register the establishment and issue a certificate within fifteen days of receiving a request from the principal employer.

Revocation of Registration

• Grounds for Revocation: Registration may be revoked if obtained through misrepresentation, suppression of material facts, or if it becomes ineffective for other reasons.
• Procedure: The registering officer can revoke registration after hearing the principal employer, with the approval of the appropriate Government.
• Suspension of Registration: The registering officer can suspend the certificate's operation, providing reasons for the action.

Prohibition of Employment

• No principal employer can employ inter-State migrant workmen without a valid certificate of registration for the establishment.

Licensing of Contractors

Appointment of Licensing Officers

• The appropriate Government may appoint licensing officers to issue licenses to contractors under this Act and define their jurisdiction.

Licensing of Contractors

• Recruitment and Employment: No contractor shall recruit or employ persons in different States without a license issued by the appropriate Government's licensing officer.
• License Conditions: Licenses may include conditions regarding recruitment terms, remuneration, hours of work, and other essential amenities for inter-State migrant workmen.
• License Fees: Licenses shall be issued upon payment of prescribed fees. Security may be required for license conditions.

Grant of Licenses

• Applications for licenses must include establishment location and nature of work for inter-State migrant workmen. Licensing officers may investigate applications. Licenses are valid for specified periods and may be renewed.

Revocation, Suspension, and Amendment of Licenses

• If a license is obtained through misrepresentation, the holder fails to comply with conditions, or contravenes the Act, the licensing officer may revoke the license after giving the holder a chance to be heard. The license may be suspended pending revocation.

Appeal

• Aggrieved persons can appeal to an appellate officer within thirty days of an order from the registering or licensing officer. The appellate authority can condone delays and will dispose of appeals expeditiously.

Duties and Obligations of Contractors

Duties of Contractors

• Contractors must furnish particulars to specified authorities in both the State of recruitment and employment regarding inter-State migrant workmen within fifteen days of recruitment. Any changes in particulars should also be notified.
• Contractors are required to issue a passbook to every inter-State migrant workman, containing specific details such as the name and place of establishment, period of employment, wage payment details, displacement allowance, return fare, deductions, and other prescribed particulars.
• Contractors must submit a return for inter-State migrant workmen who cease employment, declaring that all wages, dues, and return journey fares have been paid. The passbook should be maintained and updated, and retained with the workman.

Wages, Welfare and Other Facilities to be Provided to Inter-State Migrant Workmen

Wage Rates and Conditions of Service

• The wage rates and conditions of service for inter-State migrant workmen should be the same as those applicable to other workmen performing similar work in the establishment or as prescribed by the appropriate Government.
• Inter-State migrant workmen must be paid at least the minimum wages fixed under the Minimum Wages Act, and their wages should be paid in cash.

Displacement Allowance

• Contractors are required to pay every inter-State migrant workman a displacement allowance at the time of recruitment, which is either fifty percent of the monthly wages or seventy-five rupees, whichever is higher.
• The displacement allowance is non-refundable and is in addition to the wages or other amounts payable to the workman.

Journey Allowance and Wages During Journey

• Contractors must pay a journey allowance to inter-State migrant workmen, covering the fare from their place of residence in their State to the workplace in another State, for both outward and return journeys.
• Workmen are entitled to wages during the journey period as if they were on duty.

Other Facilities

• Contractors employing inter-State migrant workmen must ensure regular payment of wages, equal pay for equal work regardless of sex, and suitable working conditions considering the workmen are in a different State.
• Suitable residential accommodation, prescribed medical facilities, and protective clothing must be provided. In case of a fatal accident or serious injury, the contractor must report to the specified authorities of both States and inform the next of kin of the workman.

Responsibility for Payment of Wages

• Contractors are responsible for paying wages to each inter-State migrant workman they employ.
• Principal employers must nominate a representative to witness wage disbursement by the contractor and certify the amounts paid.
• Wages should be disbursed in the presence of the principal employer's authorized representative. If the contractor fails to pay wages on time or shortchanges the workman, the principal employer must pay the wages in full or the unpaid balance and recover the amount from the contractor.

Liability of Principal Employer

• If a contractor fails to pay any allowance or provide any facility required for the benefit of an inter-State migrant workman, the principal employer is responsible for paying the allowance or providing the facility.
• The principal employer can recover all allowances paid or expenses incurred in providing facilities from the contractor.

Past Liabilities

• Contractors and principal employers must ensure that any loan given to an inter-State migrant workman does not remain outstanding after the completion of the workman's employment period.
• Any obligation of an inter-State migrant workman to repay a debt obtained during employment from the contractor or principal employer is deemed extinguished upon completion of the employment contract, and no legal action can be taken for recovery of such debt.

Inspecting Staff

Inspectors (Section 20)

• The appropriate Government can appoint inspectors to ensure compliance with the Act.
• Inspectors have the authority to enter premises where inter-State migrant workers are employed to check for compliance with wage payments, working conditions, and facilities.Inspectors may:
• Examine registers, records, and notices required by the Act.
• Determine if individuals are inter-State migrant workers.
• Request information from persons giving out work regarding names, addresses, and payment details.
• Seize or copy relevant records related to offences under the Act.
• Exercise other prescribed powers.

The home state Government can appoint officers to ensure compliance in the host state where its workers are employed, with the concurrence of the host state Government or the central government if applicable.

Damodar Panda V. State of Orissa:

• Officers from the originating state have the right to conduct inquiries in the recipient state regarding migrant labor from the originating state.

Adjudication of Disputes (Section 22)

• Disputes related to the employment or conditions of inter-State migrant workers can be referred to appropriate authorities based on the central or state government jurisdiction.
• Transfer of proceedings can occur at the request of the workman or by the Central Government for reasons of justice.

Registers and Records Maintenance

• Principal employers and contractors must maintain registers and records of inter-State migrant workers, including details of employment, wages, and work performed.
• Notices regarding work hours and other information must be exhibited within the premises where inter-State migrant workers are employed.

Penalties

• Obstructing an inspector or authorized person in their duties can lead to imprisonment up to two years or fines up to two thousand rupees.
• Refusing to produce required documents or preventing examinations can result in similar penalties.
• Contravening provisions regarding inter-State migrant workers' employment may lead to imprisonment up to one year, fines up to one thousand rupees, or both, with additional fines for continuing violations.

Effect of Inconsistent Laws and Agreements (Section 30)

• The provisions of this Act take precedence over any conflicting laws, agreements, or contracts regarding inter-State migrant workers.
• If workers are entitled to more favorable benefits under any law or agreement, they will continue to receive those benefits despite the Act.
• Workers can enter into agreements with employers or contractors for more favorable rights or privileges than those provided under the Act.