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Protection of Inter-State Migrant Workers in India - An Analysis

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 The Legal Analyst
ISSN: 2231-5594
Volume II, 2011, pp. 34-43

PROTECTION OF INTER-STATE MIGRANT WORKERS IN INDIA- AN

ANALYSIS
Dr. Prashant Mishra*
Dr. P.K. Pandey**
The basic reason for migration is lack of employment, prevalence of under-employment and intermittent
employment which work as push factors. The recruitment system through contractors and their agents is
exploitive. These manifest in the inhuman working and living conditions and acquiescence by the
migrants of the terms and conditions of employment as they do not have any option, however violative
of law these may be.
-National Commission on Rural Labour1
Abstract: Due to multidimensional socio-economic causes, inter-State migration is continued in India.
The inter-State migrant workers, who are generally illiterate and in search of livelihood, cannot
bargain with contractors and taking the advantage of their helplessness, the contractors put such type
of terms and conditions in form of standard form contract that those are against their interest.
Key Words: Labour, Migrant, Inter-State.
Introduction:
To survive on this earth, everyone is under responsibility to do work. As it is very much clear that it is
applicable for all so all people are in search and need of works. But due to some constraints, everyone
cannot get good jobs at every place because of this the concept of migration by workers came into
existence. When in search of works, people moved to other places they faced various problems and
hurdles. Ever the employers, taking the advantage of helplessness of workers, exploit them and ever the
local people create problems to workers. As every Indians have Freedom under Article 19(1) of the
Constitution of India to move freely throughout the territory of India and to practise any profession, or
to carry on any occupation, trade or business, such type of exploitation is totally illegal, immoral and
against the interest of the nation. Taking into consideration the exploitation of inter-State migrant
workers, the Indian Parliament enacted ‘The Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service) Act, 1979’2 to regulate the employment of inter-State migrant workmen and
to provide for their conditions of service and for matters connected therewith.
Migration: Legal Perspective
Migration … takes a variety of forms- tourists, students, refugees, family reunion, labour, business-but
migration for economic reasons, particularly temporary labour migration, has experienced the most

*Lecturer, GJR Institute of Law, Bundelkhand University, Jhansi, INDIA.

**Assistant Professor, Centre for Juridical Studies, Dibrugarh University, Dibrugarh, INDIA.
1
National Commission on Rural Labour, 1991, Govt. of India. Report available at
http://www.indialabourarchives.org/usr/local/gsdl/cgi-bin/library?e=d-000-00---0ncl-
ncl%2caituc%2chemant%2cindrani%2cwet%2coral%2cbms%2ctexah-01-0-0-0prompt-14-Document-stx--0-1l--1-en-50-
--20-about-interZz-state+migrant+labour--001-001-1-0isoZz-8859Zz-1-
0&a=d&c=ncl&cl=search&d=HASH017b62630f1998b812c75ddc.11
2
Act No. 30 of 1979
(34)
2011] INTER-STATE MIGRANT WORKERS 35

rapid growth.3 And the migrant workers face numerous problems. At the international level, there are
several measures to protect the interests of inter-State migrant workers. Conceived of in the 1970s,
drafted in the 1980s, and opened for ratification in the 1990s4, The Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families 5 recognizes that ‘the States Parties
concerned shall as appropriate consult and co-operate with a view to promoting sound, equitable and
humane conditions in connection with international migration of workers and members of their families.
In this respect, due regard shall be paid not only to labour needs and resources, but also to the social,
economic, cultural and other needs of migrant workers and members of their families involved, as well
as to the consequences of such migration for the communities concerned.’6
A study in Kochi7 concludes that the migrant labourers get much higher monetary wages than in their
native places. But, they work for longer hours and their real wages may be lower as they have to incur
higher cost of living in Kochi on food, shelter and transport. They live in shanty houses/rooms in slum
like localities often on a sharing basis. A few of them live on verandas of shops. They have limited
access to sanitation facilities and safe water. Their practices of waste disposal pose problems of public
health and environment. Their working and living conditions and habits make them suffer from a
number of diseases. But their access to public services like health and education is limited. They enjoy
very limited protection from labour laws. They also face problems of social integration in Kerala. There
are reports of large number of human rights violations. With the possibility of much larger influx in
view of the large scale expansion of economic activities in the State, the migrants can put heavy
pressure on urban infrastructure, environment and public services. They may also pose many challenges
in governance particularly of urban areas. Our study highlights the strong case for a much larger
multidisciplinary study on this emerging phenomenon in the State.
The Supreme Law of the land i.e. The Constitution of India provides a lot of rights to persons among
them, regarding inter-State migration, is most relevant Art. 23 which mandate begar and other similar
forms of forced labour are prohibited. This provision reminds us the equal protection of laws to all
without any discrimination guaranteed under Art. 14. Further, Art. 19(1) provides Fundamental Rights
to every Indian citizens to move freely throughout the territory of India and to practise any profession,
or to carry on any occupation, trade or business. Thus, every Indian citizen has right to work all over
India without any discrimination based on region or State.
Migration is an important feature of human civilization. It reflects, human endeavour to survive in the
most testing conditions both natural and manmade.8 Migration is a global [phenomenon], encouraged in
form of inter-regional and intra-regional disparities at macro level and fundamentally lack of
employment opportunities resulting low standard of living conditions among different socio-economic

3
Labour Migration in Asia- trends, Challenges and Policy Responses in Countries of Origin. (Geneva: International
Organisation for Migration 2003) at 13
4
Euan MacDonald and Ryszard Cholewinski, The Migrant Workers Convention in Europe Obstacles to the Ratification
of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families:
EU/EEA Perspectives. (Paris: UNESCO 2007) at 19
5
General Assembly resolution 45/158 of 18 December 1990, This Convention came into force on 1st July 2003. Total
Number of Signatories -31 (upto 30 March 2011)
6
Art. 64
7
Surabhi K.S. and N. Ajith Kumar, Labour Migration to Kerala: A Study of Tamil Migrant Labourers in Kochi. Working
Paper No.16 (Kochi: Centre for Socio-economic & Environmental Studies 2007) available at
http://csesindia.org/admin/modules/cms/docs/publication/16.pdf
8
Sudhershan Rao Sarde, “Migration in India Trade Union Perspective in the Context of Neo-Liberal Globalisation”
available at http://www.imfmetal.org/files/08102914241866/Migrant_workers_in_India.pdf
36 THE LEGAL ANALYST [Vol. II

groups at micro level are the basic reasons for different forms of migration. Migration is the third
component of population change, the other two being mortality and fertility which work in a biological
framework whereas migration is influenced by the wishes of the persons involved. Usually each
migratory movement is deliberately made, though in exceptional cases this may not hold true. Thus,
migration is a response of human organism to economic, social, political and demographic forces in the
environment and an important symptom of social change in society.9 The landless poor who mostly
belong to lower castes, indigenous communities and economically backward regions constitute the
major portion of Migrants. In the very large Tribal Regions of India intrusion of outsiders, settlements
by the outsiders displacing the local tribal people and deforestation also played a major role in
Migration.10
Presently, there is specific law in respect of inter-State migrant labour the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 197911 and The Interstate Migrant Workmen
(Regulation of Employment and Conditions of Service) Central Rules, 1980 framed under above-
mentioned Act, which is result of a long experience. After independence of India, the State of Orissa
was the first to pass the Orissa Dadan Labour (Control and Regulation) Act, 197512. The objective of
this Act is to regulate the recruitment of labourers from the State to work outside the State and for
matters incidental thereto. The Statement of Objects and Reasons of this Act is as-
The rural working class of the State of Orissa who are sent outside the State by Sardars and Khatadars
to work under contractors and employers; of the concerned States are not given proper wages and other
facilities as promised them at the time of their recruitment. The Sardars and Khatadars are reported to
obtain signature of these labourers on blank papers at the time of recruitment and later on fill up the
same to suit their purpose. At times the labourers also do not go to the working places outside the State
after taking the advance money given by the Sardars and thereby compel the Sardars to take the shelter
of Court for realisation of the advance money.
The State Government have, no legal power to take effective action against the contractors and
employers residing outside the State for nonpayment or under-payment of wages and for non-provision
of other facilities. Even after best efforts of the State Government for taking remedial measures in
consultation with the concerned State Government no appreciable improvement in the conditions of
employment of these labourers has been noticed. The State Government therefore, proposed to hold the
Sardars and Khatadars of this State who act as the agents of the said contractors and employers in
recruiting and supplying these labourers responsible to make proper payment of wages and provision of
other facilities by registering them and controlling their activities by means of a special legislation for
that purpose. The Bill seeks to achieve the above purpose.
The 28th Session of the Labour Ministers' Conference 13 considered the question of protection and
welfare of Dadan labour and recommended the setting up of a small committee to go into the whole
question of migrant workers and suggest measures for elimination of abuses' prevalent in the system.
The Compact Committee set up by the Ministry of Labour in February, 1977 analysed the working
conditions of inter-State migrant workers in different activities and recommended the enactment of a

9
Gursharan Singh Kainth, “Push and Pull Factors of Migration: A Case of Brick Kiln Industry of Punjab State”, Vol. I
(1), 2009 Asia-Pacific Journal of Social Science 82-116 at 83
10
Sudhershan Rao Sarde, “Migration in India Trade Union Perspective in the Context of Neo-Liberal Globalisation”
available at http://www.imfmetal.org/files/08102914241866/Migrant_workers_in_India.pdf
11
Act No. 30 of 1979
12
Act No. 42 of 1975
13
New Delhi, October 26, 1976
2011] INTER-STATE MIGRANT WORKERS 37

separate Central legislation to regulate the employment of inter-State migrant workmen as it was felt
that the provisions of the Contract Labour (Regulation and Abolition) Act, 197014, even after necessary
amendments would not adequately take care of the variety of malpractices indulged in by the
contractors/Sardars/ Khatadars, etc., and the facilities required to be provided to these workers in view
of the peculiar circumstances in which they have to work. The recommendations of the Compact
Committee were examined in consultation with the State Governments and the Ministries of the
Government of India and the suggestions made by them were taken into account in formulating the
proposals for legislation. This Act of 1979 came into force on 2nd October 1980 but after a long gap of
time the authorities under this Act were notified in June 1982. To carry out the provisions of this Act,
Rules are framed by State Governments and Union Territories. The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any
agreement or contract of service, or in any standing orders applicable to the establishment whether made
before or after the commencement of this Act.15 Salient Features of the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Services) Act, 197916 are as-
(i) This Act does not apply to all individual migrant workers. It applies to-
a. Every establishment in which five or more inter-State migrant workmen (whether or not in
addition to other workmen) are employed or who were employed on any day of the
preceding twelve months.17
b. To every contractor who employs or who employed (whether or not in addition to other
workmen) on any day of the preceding twelve months.18
(ii) All migrant workers who are employed individually outside his own State are not covered
under this Act rather only those who are employed through contractor will be treated as inter-
State migrant worker.19
(iii) Every contractor is required to obtain a licence from a licensing officer, appointed by the State
Government, for recruiting any person in a State for the purpose of employing him in any
establishment in another State.
(iv) Without being registered under the Act, a principal employer can not employ any inter-State
worker.
(v) The contractor is under duty to issue to every inter-State migrant worker, a passbook affixed
with a passport size photograph of the workman and indicate information about the worker,
including payment, advances paid etc. in Hindi and English and where the language of the
worker is not Hindi or English, also in the language of the workman.
(vi) An inter-State migrant workman shall in no case be paid less than the wages fixed under the
Minimum Wages Act, 1948.
(vii) A journey allowance of a sum not less than the fare from the place of residence of the inter-
State migrant worker in his State to 'the place of work in the other State shall be payable by the
contractor to the worker both for the outward and return journeys, and he/she will be entitled to
payment of wages during the period of such journeys as if he were on duty.
14
Act No. 37 of 1970
15
Sec. 30
16
Act No. 30 of 1979
17
Sec. 1(4)
18
Sec. 1(4)
19
Sec. 2 (e): 'Inter-State migrant workman' means any person who is recruited by or through a contractor in other than
his/her 'native' State under an agreement or other arrangement for employment in an establishment in the State other than
his/her 'home' State whether with or without the knowledge of the principal employer.
38 THE LEGAL ANALYST [Vol. II

This Act repealed20 the Orissa Dadan Labour (Control and Regulation) Act, 197521 and the power to
exempt to any establishment or class of establishments or any contractor or class of contractors or any
inter-State migrant workmen, in such establishment or class of such workmen is vested in appropriate
Government.22 The term ‘appropriate Government’ is defined as23-
(i) in relation to—
(1) any establishment pertaining to any industry carried on by or under the authority of the
Central Government or pertaining to any such controlled industry as may be specified in this
behalf by the Central Government; or
(2) any establishment or any railway, Cantonment Board, major port, mines or oilfield; or
(3) any establishment of banking or insurance company; the Central Government
(ii) in relation to any other establishment, the Government of the State in which that other establishment
is situated
This Act mentions the duty of appropriate Government to appoint registering officers 24 , licensing
officers 25 and Inspectors 26 . Principal employer’s duties are as-to apply to registering officer for the
registration of the establishment 27 as it is very much clear that no principal employer of an
establishment to which this Act applies shall employ inter-State migrant workmen in the establishment
unless a certificate of registration in respect of such establishment issued under this Act is in force.28
Within one month after receiving application for registration, the registering officer has to issue
certificate of registration to employer, if all requirement are fulfilled and if not fulfilled then the
application shall be returned to employer. If within one month the registering officer neither issue
registration certificate nor return the application and receives any application in this regards, within
fifteen days of receiving the application, he shall issue the registration certificate. If registration
certificate has been obtained by misrepresentation or suppression of any material fact or for any other
reason, the registration has become useless or ineffective, the registration certificate may be revoked
after providing an opportunity of hearing to principal employer.29
Every principal employer shall nominate a representative duly authorized by him to be present at the
time of disbursement of wages by the contractor and it shall be the duty of such representative to certify
the amounts paid as wages in such manner and may be prescribed.30 If any allowance required to be
paid to an inter-State migrant worker is not paid by the contractor or if any facility is not provided for
the benefit of such worker, such allowance and the facility shall be provided by the principal
employer.31 Further, section 19 deals with past liability of inter-State migrant workers.
Provision relating to licensing of contractors is contained in section 8. If the licensing officer is satisfied
that a licence has been obtained by misrepresentation or suppression of any material fact, or the holder
of a licence has, without reasonable cause, failed to comply with the conditions subject to which the

20
Sec. 36
21
Act No. 42 of 1975
22
Sec. 31
23
Sec. 2 (a)
24
Sec. 3
25
Sec. 7
26
Sec. 20
27
Sec. 4
28
Sec. 6
29
Sec. 5
30
Sec. 17 (2)
31
Sec. 18 (1)
2011] INTER-STATE MIGRANT WORKERS 39

licence or has contravened any of the provisions of this Act or the rules made thereunder, then, without
prejudice to any other penalty to which the holder of the licence may be liable under this Act, the
licensing officer may, after giving the holder of the licence an opportunity to be heard by order in
writing, revoke the licence or forfeit the security furnished by him and communicate the order to the
holder of the licence.32 Duties of contractors are mentioned in Sec. 12 as-
a) to furnish such particulars and in such form as may be prescribed, to the specified authority in
State from which an inter-State migrant workman is recruited and in the State in which such
workman is employed, within fifteen days from the date of recruitment, or, as the case may be,
the date of employment, and where any change occurs in any of the particulars so furnished,
such change shall be notified to the specified authorities of both the State.
b) to issue to every inter-State migrant workman, a pass –book affixed with a passport size
photograph of the workman and indicating in Hindi and English languages, and where the
language of the workman is not Hindi or English, also in the language of the workman-
(i) the name and place of the establishment wherein the workman is employed;
(ii) the period of employment;
(iii) the proposed rates and modes of payment of wages;
(iv) the displacement allowance payable;
(v) the return fare payable to the workman on the expiry of the period of his employment and in
such contingencies as may be prescribed and in such other contingencies as may be specified in
the contract of employment;
(vi) deductions made; and
c) to furnish in respect of every inter-State migrant workman who ceases to be employed, a return
in such form and in such manner as may be prescribed, to the specified authority in the State
from which he is recruited and in the State in which he is employed, which shall include a
declaration that all the wages and other dues payable to the workman and the fare for the return
journey back to his State have been paid.
d) The contractor shall maintain the pass-book up-do-date and cause it to be retained with the
inter-State migrant workman concerned.
A contractor shall be responsible for payment of wages to each inter-State migrant workman employed
by him and such wages shall be paid before expiry of such period as may be prescribed. Further, it shall
be the duty of the contractor to ensure the disbursement of wages in then presence of the authorize
representative of the principal employer.33
The inter-State migrant workers shall in no case be paid less than the wages fixed under the Minimum
Wages Act, 1948.34 Further, wages payable to an inter-State migrant workman under this section shall
be paid in cash.35 There shall be paid by the contractor to every inter-State migrant workman at the time
of recruitment, a displacement allowance equal to fifty per cent of the monthly wages payable to him or
seventy-five rupees, whichever is higher. The displacement allowance shall not be refundable and shall
be in addition to the wages or other amounts payable to him. 36 Further, journey allowance of a sum not
less than the fare from the place of residence of the inter-State migrant workman in his State to the place
of work in the other State shall be payable by the contractor to the workman both for the outward and

32
Sec. 10
33
Sec. 17
34
Act 11 of 1948
35
Sec. 13
36
Sec. 14
40 THE LEGAL ANALYST [Vol. II

return journeys and such workman shall be entitled to payment of wages during the period of such
journeys as if he were on duty.37 Furthermore, every contractor employing inter-State migrant workmen
is under duty to38-
(a) ensure regular payment of wages to such workmen;
(b) ensure equal pay for equal work irrespective of sex;
(c) ensure suitable conditions of work to such workmen having regard to the fact that they are
required to work in a State different from their own State;
(d) provide and maintain suitable residential accommodation to such workmen during the period of
their employment;
(e) provide the prescribed medical facilities to the workmen, free of charge;
(f) provide such protective clothing to the workmen as may be prescribed; and
(g) in case of fatal accident or serious bodily injury to any such workman to report to the specified
authorities of both the States and also the next-of-kin of the workman.
Holidays, hours of work including extra wages for overtime work done and other conditions of service
of migrant workman shall not be less favourable than those obtaining in that establishment or in similar
employment in the area in which the establishment is located, as the case may be.39 The contractor shall
ensure provision of suitable and adequate medical facilities for outdoor treatment to the migrant
workman free of cost for treatment of any ailment from which the migrant workman or any member of
his family may suffer during his employment in the establishment or to meet any preventive measure
against epidemic or any virus infection. When ever any medicine is purchased by a migrant workman
from market on the basis of the prescription issued by any doctor provided by the contractor or the
principal employer, as the case may be, or any registered medical practitioner, the cost of such medicine
including the fee upto Rs. 10 per consultation shall be reimbursed by the contractor to the migrant
workman concerned within a period of seven days from the date of presentation of the bill by the
migrant workman. 40 The contractor shall provide sufficient quantity of wholesome drinking water,
sufficient number of sanitary latrines and urinals, washing facilities for the migrant workmen at the
establishment in the case of existing establishments, within seven days of commencement of these rules,
and in case of new establishment, within seven days of the commencement of employment of migrant
workmen therein. 41 Separate rooms shall be provided for female migrant workmen. 42 In every
establishment wherein work regarding the employment of migrant workmen is likely to continue for six
months and wherein migrant workmen numbering one hundred or more are ordinarily employed an
adequate canteen shall be provided by the contractor for the use of such migrant workmen.43 In every
establishment latrines and urinals44, washing facilities45 shall be provided. Providing legal aid to inter-
State migrant workers is mandatory.46
An inspector, within his jurisdiction, may47-

37
Sec. 15
38
Sec. 16
39
Rule 36
40
Rule 37
41
Rule 39
42
Rule 40
43
Rule 41
44
Rule 42
45
Rule 43
46
Rule 58
47
Sec. 20
2011] INTER-STATE MIGRANT WORKERS 41

(a) if he has reason to believe that any inter-State migrant workmen are employed in any
premises or place, enter, at all reasonable hours, with such assistants (if any), being persons in
the service of the government or any local or other public authority, as he thinks fit, such
premises or place for the purpose of-
(i) satisfying himself whether the provisions of this Act in relation to the payment of wages,
conditions of service or facilities to be provided to such workmen are being complied with;
(ii) examining any register or record or notices required to be kept or exhibited by the
provisions of this Act or the rules made thereunder, and requiring the production thereof for
inspection;
(b) examine any person found in any such premises or place for the purpose of determining
whether such person is an inter-State migrant workman;
(c) require any person giving out work to any workman, to give any information, which is in
his power to give, with respect to the names and addresses of the persons to, for and from
whom the work is given out or received, and with respect to the payments to be made for the
work;
(d) seize or take copies of such register, record of wages, or notices or portions thereof as he
may consider relevant in respect of an offence under this Act which he has reason to believe
has been committed by a principal employer or contractor; and
(e) exercise such other powers as may be prescribed.
If any person obstructs an inspector or a person appointed according to law in the discharge of his duties
under this Act or refuses or willfully neglects to afford the inspector or authorized person any
reasonable facility for making any inspection, examination, inquiry or investigation authorized by or
under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall
be punishable with imprisonment for a term which may extend to two years, or with fine which may
extend to two thousand rupees, or with both.48 Further, if any person willfully refuses to produce on the
demand of any inspector or authorized person any register or other document kept in pursuance of this
Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to
prevent any person from appearing before or being examined by any inspector or authorized person
acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which
may extend to two years or with fine which may extend to two thousand rupees, or with both.49
If any person contravenes any provisions of this Act or of any rules made thereunder regulating the
employment of inter-State migrant workmen, or contravenes any conditions of a licence granted under
this Act, shall be punishable with imprisonment for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both, and in the case of a continuing contravention,
with an additional fine which may extend to one hundred rupees for every day during which such
contravention continues after conviction for the first such contravention.50 If any person contravenes
any of the provisions of this Act or of any rules made thereunder for which no other penalty is
elsewhere provided, he shall be punishable with imprisonment for a term which may extend to two
years, or with fine which may extend to two thousand rupees, or with both.51
The time limitation to take cognizance by a court is three months only from the date on which the
alleged commission of the offence came to the knowledge of the inspector or authorized person

48
Sec. 24(1)
49
Sec. 24 (2)
50
Sec.25
51
Sec. 26
42 THE LEGAL ANALYST [Vol. II

concerned.52 The offence under this Act shall be tried by not inferior to the Metropolitan Magistrate or a
Judicial Magistrate First Class and no court shall take cognizance of any offence under this Act except
on a complaint made by, or with the previous sanction in writing of, an inspector or authorized person.53
In spite of these all protections, the inter-State migrant workers are bound to face humiliation and these
all protective laws could not help them. In other words, the existing laws are not sufficient to protect the
rights of inter-State migrant workers. In this context, various solutions are suggested to root out the
problems faced by inter-State migrant workers. The National Commission on Rural Labour (1991)
suggested the following changes in aforesaid Act of 1979-
a) The definition of migrant workman as given in Sec. 2(1) (e) should be expanded. It should
cover all migrant workmen, whether they come on their own, or change contractors after
entering the recipient State.
b) Sec. 27 should be amended. Third parties also should be allowed to file complaints.
c) A new Sec. should be inserted to the effect that the contractor should be held liable for any
breach of the Act, whether committed by him or the sub-contractor. It is for the contractor to
take any action he desires against the sub-contractor.
d) Though the Act specifies that the principal employer is also responsible if the contractor or sub-
contractor violates the Act, in practice the contractor has been generally treated by the court as
the principal employer. Consequently the principal employer escapes the liability. There is need
to make the liability of the principal employer specific.
e) The cases related to claims of disabled workmen or heirs/deceased workmen should be
transferred to the State from where the migrant workers were recruited if so desired by the
workman or his/her heirs.
f) Special courts should be appointed where found necessary to hear disputes concerning migrant
and contract labour.
g) Steps should be taken for effective implementation of the laws. In Public Sector Undertakings
employing a large number of workers, a system of bipartite arrangement for over-seeing the
implementation of laws should be evolved.
h) Some of the facilities specified in the Act, such as medical treatment, cost of hospitalization of
the worker, supply of clothing, should be provided to all workers; migrants as well as local.
i) The States with a large number of out-migrant labourers should establish their office with
adequate staff and other facilities in the States where majority of their workers work. The
officers from this office in cooperation with the Labour Commissioner of the recipient State
should periodically visit the work sites where inter-State migrant workmen from that State are
employed and enquire about wages, health and welfare of these workers. Reports of their visit
should be submitted both to their parent organisation Labour Commissioner and the Labour
Commissioner of the host State. Their consolidated report, every six months, should be
published in the labour gazette, giving not only statistics of visits and cases, but also names of
establishments visited, dates of visits and action taken.
j) Temporary ration cards should be issued to migrant workers so that they can get their ration
from the fair price shops.
On the recommendations of Working Group constituted by Indian Labour Conference held at New
Delhi on 20-21 February, 2009, a Tripartite Group was constituted to examine the provision of Inter-
State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The Group

52
Sec. 29
53
Sec. 28
 2011] INTER-STATE MIGRANT WORKERS 43

examined various provisions of the Act and reviewed the problems faced by the migrant workers,
existing provisions of the Act, enforcement machinery, problem in implementation of the Act etc. The
Group has submitted its report and the report has been placed before Indian Labour Conference held on
23-24 November, 2010.54
Concluding Observation:
Due to multidimensional socio-economic causes, inter-State migration is continued in India. The inter-
State migrant workers, who are generally illiterate and in search of livelihood, cannot bargain with
contractors and taking the advantage of their helplessness, the contractors put such type of terms and
conditions in form of standard form contract that those are against their interest. Migration is not a
choice but it is a necessity, so destination States should also accommodate migrant workers when these
persons need it. The definition of inter-State migrant workman should be amended and this definition
should be expanded to cover all migrant workmen from one State to another. The objective of
enactment of this Act is to provide equal footing to inter-State migrant workers and for this purpose
everything has been contained in this Act. So the restriction regarding application of this Act i.e. five
numbers and twelve months is not justified and it must be deleted and this Act must be applied on all
establishments/contractors, as every inter-State migrant worker needs protection. Furthermore, the Act
protects to those inter-State migrant workers who are in group but it should be also kept in mind that the
persons in group can protect theirselves through various modes but nothing is contained for those
workers who are alone or less than five. The penalties contained in this Act are not proper and these
need attention of Legislature to increase the amount of penalty.
†††

54
http://labour.nic.in/pib/PressRelease/RS%20-
%20Amendment%20in%20Inter%20State%20Migrant%20Workmen%20Act%201979%20-%20(1.12.2010).pdf

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