Are Workers Crossing State Borders Considered Migrant Workmen Under the 1979 Act?

Hello everyone,

Applicability of the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act 1979

I have examined the Act, and prima facie, if an establishment employs five or more inter-state migrant workmen in a day during the year, then this Act will apply. "Inter-State Migrant Workmen" means a person for whom an appointment by a contract is given in one state for employment in any establishment situated in another state.

Our factory is situated on the Punjab & Himachal border. Daily labor from Punjab is coming to attend their duties. Should we consider them Migrant Workmen?

Secondly, in our Packing Plant, we have hired labor through a contractor, and they are from Bihar State. They have been working for seven years and possess a Ration Card, Voter Card, and Aadhar Card of Himachal State.

In the above cases, is the Inter-State Migrant Workmen Act applicable to our industry?

Regards,

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, is an Act of the Parliament of India enacted to regulate the conditions of service of inter-state laborers in Indian labor law. The Act's purpose is to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces a shortage of skills among the locally available workers, the Act creates provisions to employ better-skilled workers available outside the state.

Rights of Interstate Workers

In addition to the general labor laws applicable to all workers, interstate workers are entitled to equal or better wages for similar nature and duration of work applicable to the local workmen or stipulated minimum wages under the Minimum Wages Act, 1948, whichever is more:

- Displacement allowance (Section 14)
- Home journey allowance (Section 15), including the payment of wages during the period of the journey
- Suitable residential accommodation and medical facilities free of charge on a mandatory basis
- Termination of employment after the contract period without any liability
- The right to lodge a complaint with the authorities within three months of any incident, accident, etc.

Role of Contractors

- Registration of all contractors who employ or employed five or more interstate migrant workmen on any day of the preceding 12 months
- Furnish the details of workmen periodically in forms as prescribed by the state government
- Maintain the registers indicating the details of interstate workers and make them available for scrutiny by the statutory authorities
- Issue a passbook affixed with a passport-sized photograph of the workman indicating the name and the place of the establishment where the worker is employed, the period of employment, rates of wages, etc., to every inter-state migrant workman
- Reporting by the contractor of the incidence of fatal accidents or serious injury of such workman to the specified authorities of both the states and also the next of kin of the workman
- Liable for the prescribed punishments for violations committed under this Act

Role of Principal Employers

- Registration of all principal employers who employ or employed directly or indirectly five or more interstate migrant workmen on any day of the preceding 12 months
- Maintain the registers indicating the details of interstate workers and make them available for scrutiny by the statutory authorities
- 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 a manner as may be prescribed
- Principal employer shall be liable to bear the wages and other benefits to interstate workers in case of failure by the contractor to effect the same
- Liable for the prescribed punishments for violations committed under this Act

Role of State Governments

- Appointment of inspectors to oversee the implementation of this Act
- Appointment of registration officers to grant and revoke registration of contractors/principal employers/establishments
- Appointment of licensing officers to grant, suspend, and revoke licenses to contractors/principal employers/establishments
- Making rules for carrying out the purposes of this Act subject to the condition of previous publication
- Entertaining appeals from the aggrieved parties and disposal of the same as per this Act

Regards

Please check your factory's registered address. If the address mentions the state as Punjab, then for all employees whose permanent address is in Punjab, this act is not applicable. However, if any employee has a permanent address in another state, then this act is applicable.

As per the act, "inter-State migrant workman" means 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.

The Act is applicable only if the workers fulfill the definition of 'Interstate migrant worker' as per section 2(e) of the Act.

Ensure there is a single line break between paragraphs.

Hello Sirs,

I am a researcher interested in looking into the utility and rationale of the Act under discussion here, particularly its functioning, which could be aligned with the scholarly area of sociology of law! Could you please show me the way to proceed with this? My tentative research scope may focus on Surat District in the state of Gujarat.

Regards,
Nitin K Shahi

Dear Sir,

What are the security deposit rules for the ISMW Act of 1979?

Thanks,
Samiran Das

Dear Sir,

What are the security deposit rules for the ISMW Act of 1979 in West Bengal?

Thanks,
Samiran Das