Inter-state Migrant Workmen Act,1979

 

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The system of employment of inter-state migrant labour is an exploitative system prevalent in many states of the union. Such migrant labour is recruited from various parts of a particular state through contractors or agents for work outside that state in large construction and other projects.

This system lends itself to various abuses. Once the worker comes under the clutches of the contractor or agent, he takes him to far-off places on payment of railway fare only. Generally no working hours used to be fixed for these workers and they were made to work on all the days in a week under extremely harsh conditions. The provisions of the already available labour laws were not observed in s fixed under the Minimum Wages Act (S.16);

·  Provision for payment of displacement allowance equivalent to 50% of monthly wages or Rs.75/- whichever is higher (S.14);

·  Provision for payment of journey allowance including payment of wages during the period of journey (S.15);

·  Provision for suitable residential accommodation, medical facilities and protective clothing as prescribed [S.16 (a)- 16(g)].

HURDLES IN IMPLEMENTATION OF THE ACT

Difficulty is experienced by Inspectors in obtaining permission of the States from which workers migrate to enter the premises for the purpose of satisfying themselves whether the provisions of the Act in relation to payment of wages, conditions of service etc. are being implemented. The Supreme Court judgement delivered in July, 1990 in a writ petition involving migrant workers to the effect that "every State/Union Territory in India shall be obliged to permit officers of the originating State of the migrant labour for holding proper enquiries within the limits of the recipient States for enforcement of the Act and no recipient State shall place any embargo or hindrance in such process" is expected to go a long way in removing such hurdles and facilitating proper implementation of the Act.

1.     Reluctance of migrant workmen in giving full information about their living and working conditions;

2.     Lack of awareness regarding rules and regulations;

3.     Inadequacy of enforcement machinery ;

4.     Low level of literacy;

5.     Fear of employer/his agents and limitation caused by the presence of their families at the work place; and

6.     Lack of confidence in the local enforcement machinery, etc.

ENFORCEMENT MACHINERY

The responsibility for enforcement of the provisions of the Act in establishments where the Central Govt. is the appropriate govt. lies with the office of the Chief Labour Commissioner (Central) and the responsibility for enforcement of the provisions of the Act in establishments located under the states sphere lies with the respective State Govts. in which they are working and from where they have been recruited.

RECOMMENDATIONS OF THE NATIONAL COMMISSION ON RURAL LABOUR

The National Commission on Rural Labour, which submitted its report in 1991, studied the problem of inter-State migrant workmen in depth. This commission recommended, inter alia, the following measures to improve the implementation of the Act:

1.     To promote third parties to file complaints;

2.     To satisfy the liability of contractors and principal employers;

3.     Setting up of Special Courts;

4.     Changing the migration policy to reduce exploitation;

5.     Increased role of voluntary organisations and social activists;

6.     Dissemination of labour market .

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