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A petition has been filed in Delhi High Court under Art 226 of the Constitution of India in the public interest.
The petition prayed before the court to sought for implementation for Interstate Migrant Workmen (Regulation of employment and condition of service ) 1979 in Union territory of Delhi.
The court is of prima face opinion that in order to have proper regulation of migrant workmen and their conditions of service, there shall be a collection of the actual data and integration of same between Central Government and State Government
The court on 2 June 2020, directed the government to file affidavits disclosing the data relating to migrant workers available with them and also disclose procedures being followed for contractors or employers to register migrant workers before the next hearing.
Thereafter on 29th June 2020, UOI and GNCTD filed a report which disclosed that shramik helpline was made operational during lockdown to help the migrants and various other schemes.
UOI stated that there were no registered contractors or employers under the 1979 Act.
In view of the above reports, the Court observed that there is a dire need for creating a mechanism for registration of migrant workers in order to ensure their safety and protection.
Court further dictated an order to file an affidavit before the next hearing.
''Let a further detailed affidavit be filed by the union of India as to the kind of portal, which is sought to be created, for the registration of migrant labor across the country. Such a portal ought to have onboard all the state governments so that the ingress and egress of migrant labor are duly recorded and reported. On the next date, respective officers from the GNCTD and the Union of India who are familiar with the above exercise''
Pursuant to last order Mr.Kirtiman Singh for UOI submitted that Government of India has taken steps for Creation of a National Database for unorganized workers (NDUW)
The concept note of the same is placed before the court, Counsel further submitted that same is being monitored by Supreme Court in SLP '' Shramjeevi Mahila Samiti v. State of NCT of Delhi & Ors.''
It is submitted before the court that NDUW has been approved; steps will be taken to create a database within 6 months.
Responding to the petition Delhi government also highlighted the steps taken during lockdown through various schemes.
Prathiba M. Singh opined that since the National Database for unorganized workers is now under works, the said database should be created expeditiously.
The court observed, Creation of NDUW bring all unorganized and migrant labor under a single umbrella so that all benefit meant for them can be provided.
Taking note of a foretasted contention Court stated database is being supervised by the Supreme court, no further order is required to be passed in this matter
The writ petition is accordingly dismissed.
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