THE LEGAL ANALYST The Legal IAnalyst

[Volume No. 2
ISSN: 2231-5594
Vol. I No. 2, 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 inter-
mittent 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 acqui-
escence 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 condi-
tions 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,

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

**Assistant Professor, Centre for Juridical Studies, Dibrugarh University, Dibrugarh, IN-
DIA.
1National 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



Electronic
Electroniccopy
copyavailable
availableat:
at:https://ssrn.com/abstract=2033466
http://ssrn.com/abstract=2033466
2011] INTER-STATE MIGRANT WORKERS
;

has experienced the most rapid growth.3 And the migrant workers face numerous prob-
lems. 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 Families5 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 mem-
bers 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 dis-
eases. 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 man-
date 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 occu-
pation, 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

2 Act No. 30 of 1979

. (Geneva:
3 Labour Migration in Asia- trends, Challenges and Policy Responses in Countries of Origin

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

Electronic
Electroniccopy
copyavailable
availableat:
at:https://ssrn.com/abstract=2033466
http://ssrn.com/abstract=2033466

@ THE LEGAL ANALYST [Volume I No. 2

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 liv-
ing conditions among different socio-economic groups at micro level are the basic rea-
sons 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 displac-
ing 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 recruit-
ment. 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 contrac-
tors 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 Gov-
ernment for taking remedial measures in consultation with the concerned State Govern-
ment 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

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
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

Electronic copy available at: https://ssrn.com/abstract=2033466

2011] INTER-STATE MIGRANT WORKERS


means of a special legislation for that purpose. The Bill seeks to achieve the above
purpose.
The 28th Session of the Labour Ministers’ Conference13 considered the question of
protection and welfare of Dadan labour and recommended the setting up of a small com-
mittee to go into the whole question of migrant workers and suggest measures for elimina-
tion 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 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 Condi-
tions 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, ap-
pointed 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

13 New Delhi, October 26, 1976

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 employ-
ment in an establishment in the State other than his/her ‘home’ State whether with or without the
knowledge of the principal employer.

Electronic copy available at: https://ssrn.com/abstract=2033466


A THE LEGAL ANALYST [Volume I No. 2

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.
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 indus-
try 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 Govern-
ment
(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 officers24 ,
licensing officers25 and Inspectors26 . Principal employer’s duties are as-to apply to regis-
tering officer for the registration of the establishment27 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

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

Electronic copy available at: https://ssrn.com/abstract=2033466

2011] INTER-STATE MIGRANT WORKERS
B

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 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 speci-
fied 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 pass-
port size photograph of the workman and indicating in Hindi and English lan-
guages, 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 re-
tained with the inter-State migrant workman concerned.
A contractor shall be responsible for payment of wages to each inter-State migrant work-
man 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

30 Sec. 17 (2)
31 Sec. 18 (1)
32 Sec. 10
33 Sec. 17

Electronic copy available at: https://ssrn.com/abstract=2033466

0 THE LEGAL ANALYST [Volume I No. 2

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 work-
man 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 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 Further-
more, 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 dur-
ing 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 condi-
tions 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 consul-
tation 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 commence-
ment of these rules, and in case of new establishment, within seven days of the com-
mencement of employment of migrant workmen therein.41 Separate rooms shall be pro-

34 Act 11 of 1948
35 Sec. 13
36 Sec. 14
37 Sec. 15
38 Sec. 16
39 Rule 36
40 Rule 37
41 Rule 39

Electronic copy available at: https://ssrn.com/abstract=2033466

2011] INTER-STATE MIGRANT WORKERS 1

vided 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 -
(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 pay-
ment of wages, conditions of service or facilities to be provided to such work-
men 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 pro-
duction 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 contrac-
tor; 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 inspec-
tor 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

42 Rule 40
43 Rule 41
44 Rule 42
45 Rule 43
46 Rule 58
47 Sec. 20
48 Sec. 24(1)
49 Sec. 24 (2)

Electronic copy available at: https://ssrn.com/abstract=2033466

, THE LEGAL ANALYST [Volume I No. 2

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 condi-
tions 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 con-
tinues 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 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 humili-
ation 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 com-
plaints.
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 prin-
cipal 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 ar-
rangement for over-seeing the implementation of laws should be evolved.

50 Sec.25
51 Sec. 26
52 Sec. 29
53 Sec. 28

Electronic copy available at: https://ssrn.com/abstract=2033466

2011] INTER-STATE MIGRANT WORKERS 

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 work-
ers; 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 Com-
missioner 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 Condi-
tions of Service) Act, 1979. The Group 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 submit-
ted 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 liveli-
hood, 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

Electronic copy available at: https://ssrn.com/abstract=2033466