Is the Interstate Migrant Workmen Act Relevant for Contract or Direct Employees?

Please let me know if the Interstate Migrant Workmen Act is applicable to contract employees or direct employees.

Thanks,
Hekarthick

Applicability to Contract Employees

The Interstate Migrant Workmen Act applies mostly to contract employees.

Regards,

Dear Hekarthick, I wish to advise you that before raising any queries, please have the patience to go through at least the bare Act & Rules. I am sure you will start raising meaningful queries, which shall be beneficial to others too. I am sorry if I am hurting you, but if you could have gone through the Inter-State Migrant Workmen (RE&CS) Act, 1979 at least once, you wouldn't have probably raised this query.

Application of the Inter-State Migrant Workmen Act

Now coming to your query, the Act 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, and (b) to EVERY CONTRACTOR who employs or who employed five or more inter-state migrant workmen (whether or not in addition to other workmen) on any date of the preceding twelve months.

Definition of Inter-State Migrant Workmen

With the above, I think you need to understand who falls under the category of inter-state migrant workmen. The inter-state migrant workmen have been defined under Section 2(e) of the Act, which includes any person who is recruited by or through a contractor in one state under an agreement or other arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employer in relation to such establishment.

Please take my words in no way that I wanted to discourage you.

Best regards,
BS Kalsi

Interstate Workmen and Relevant Acts

Interstate workmen are monitored by the concerned Contract Labour Regulations and Abolition Act. The workmen who are employed by the company/employer are not coming under the purview of the above-said act because they are on the company's payroll.

Regards,
V. Sundaresan

Dear Prof. Sundaresan Ji, it is a privilege for this forum to have a member like you, sir. You are a professor, advocate, and solicitor. I hold you in very high regard. Members of this forum will greatly benefit from your participation in the discussions here.

As we look forward to your continued involvement, I would like to inquire about how the Interstate Workmen are monitored under the Contract Labour Regulation and Abolition Act?

Thank you.

Regards

Interstate Workmen Clearance and Benefits

The establishment that engages interstate workmen is supposed to get clearance from the labor authorities of the area/state they live in or leave, as well as from the labor authorities where they are engaged for work. Both authorities are statutorily authorized to monitor to prevent them from becoming unaccounted workers and losing many safeguards and benefits in the event of accidents and calamities.

Recently, we have seen the unfortunate fate of many interstate workers (such as in the Chennai building collapse) as they are not accounted for anywhere. In fact, according to the law, they are entitled to more benefits and facilities, but there are no law-abiding authorities to enforce this.

Regards,

I was delighted to read your email clarifying the applicability of the Inter-State Migrant Workmen (RE&CS) Act, 1979. I agree that the workmen employed by the company are not covered under the aforementioned Act. This may be due to the fact that inter-state migrant workmen are typically engaged in the unorganized sector and are more vulnerable to exploitation. The objectives of the Act are to regulate the employment of inter-State migrant workmen and to provide them with proper service conditions.

We appreciate your continued contributions, which I am certain will be beneficial for everyone.

Regards,
BS Kalsi

Mr. Hekarthick, Mr. B.K. Kalsi has given his opinion in Broadway not only in your own interest but also in the interest of readers in the thread. Thanks to Mr. Kalsi. After reading your opinion, I felt no need to refer to the Act. In the meantime, I do not think the Interstate Migrant Workers Act is being monitored under the Contract Labour (Regulation & Abolition) Act, 1970, and thereunder Rules, 1971. As the Interstate Migrant Workers Act and Contract Labour (Regulation & Abolition) Act have separate enactments and are not linked to each other. Mr. Keshav Korgaonkar has also mentioned his opinion in this thread. I agree with his view.

Regards,
Adoni Suguresh Sr. Executive (Pers, Admin & Ind. Rels) Rtd Labour Laws Consultant