INTERSTATE MIGRANT WORKMEN ACT, 1979

HARSHIKA GAUR

2021-342-035

3rd YEAR, 6th SEMESTER

LABOUR LAW PROJECT

Abstract

The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
1979, has been instrumental in safeguarding the rights and welfare of inter-state migrant workers
in India. This paper provides an overview of the Act's core purpose, its background, and its
provisions related to the registration of establishments and contractors. Additionally, it compares
the Act with the Code on Social Security, highlighting differences in definitions, portability of
benefits, and documentation for interstate migrant workers. The analysis identifies certain
challenges, such as gaps in coverage and wage criteria discrepancies, and proposes solutions,
particularly in light of the COVID-19 pandemic's impact on interstate workers.

Introduction

The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
1979, is an Act to regulate the employment of inter-state migrant workmen and to provide for
their conditions of service and matters connected therewith 1. Its core purpose is to protect the
rights of these workers and address the challenges they face due to their mobility and transient
employment. By mandating provisions for fair employment practices, proper working
conditions, and access to essential amenities, the Act seeks to prevent exploitation and ensure
accountability among employers.

1 The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
 Acknowledgment

This paper and the research behind it would not have been possible without the exceptional
support of my professor, Ms. Naazish Fatima. Her enthusiasm, knowledge, and exacting
attention to detail have been an inspiration and kept my work on track from my first encounter
with the topic of Interstate migrant workmen act.

My parents and my classmates at Jamia Hamdard University, have also looked over my research
with unfailing patience and numerous questions about the topic.

I am also grateful for the insightful comments and knowledge offered by the anonymous peer
reviewers of Books, Texts, and articles all over the internet. The generosity and expertise of one
and all have improved this study in innumerable ways and saved me from many errors; those that
inevitably remain are entirely my own responsibility.

THANK YOU
Background

The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
1979, was enacted in response to the situation faced by inter-state migrant laborers, particularly
in states like Orissa and others, where a system known as Dadan Labour was prevalent. Dadan
Labour involved the recruitment of workers from various parts of the state through contractors or
agents, commonly referred to as Sardars or Khatadars, for employment outside the state,
typically in large construction projects. However, these workers were often lured under false
pretenses, with promises of regular wages that were seldom honored. Upon recruitment, the
workers found themselves trapped in exploitative situations, transported to distant locations with
minimal compensation, and forced to work under hazardous conditions without fixed working
hours. This exploitation extended to the violation of labor laws and the prevalence of various
malpractices. The need for protection and welfare of Dadan Labour was a pressing concern
addressed during the Twenty-eighth Session of the Labour Ministers' Conference held on 26th
October 1976 in New Delhi. In response to these systemic injustices, the Interstate Migrant
Workmen Act was introduced to regulate the employment of inter-state migrant workers and
provide for their conditions of service, thereby safeguarding their rights and ensuring fair
treatment.2

Registration of establishments and contractors

Under the Interstate Migrant Workmen Act, significant provisions govern the registration of both
establishments and contractors, each playing a pivotal role in ensuring compliance and fair
practices in the employment of interstate migrant workers.

The Act mandates the registration of establishments employing interstate migrant workers. 3 The
employers, referred to as principal employers, are required to submit an application for
registration within one month as determined by the appropriate Government. Upon receipt of a

2 Chief Labour Commissioner (Central) / The Interstate Migrant Workmen / Ministry of labour and employment,
Government of India <https://clc.gov.in/clc/acts-rules/inter-state-migrant-workmen#:~:text=The%20inter%2DState
%20migrant%20workmen%20are%20generally%20illiterate%2C%20unorganised%20and,are%20engaged%20for
%20work%20are > last accessed on 10 april 2024
3 Section 4 of The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
complete application, the registering officer issues a certificate of registration. If the application
is incomplete, it is returned to the principal employer for rectification. Notably, failure to provide
a timely response from the government results in automatic registration, albeit subject to
subsequent evaluation. Importantly, if registration was obtained through misrepresentation or
non-compliance, the registering officer, with the approval of the appropriate Government, holds
the authority to revoke it.4

The Act establishes a licensing framework for contractors engaging interstate migrant workers. 5
Licensing officers, appointed by the appropriate Government, oversee the issuance of licenses to
contractors recruiting workers from one state to another. The licensing process involves
adherence to prescribed forms and conditions, including compliance with regulations pertaining
to recruitment, remuneration, and working conditions. Licenses are subject to renewal and may
contain stipulated periods and fees. Additionally, contractors failing to adhere to licensing
conditions or found in violation of the Act may face license revocation or suspension following
due process, including the opportunity to be heard.6

In cases where disputes arise regarding registration or licensing decisions, aggrieved parties
retain the right to appeal according to section 11 to designated appellate officers within 30 days,
ensuring recourse to due process and administrative review.

Difference between the Interstate Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979, and the Code on Social Security, 2020

Pros-
In the Interstate Migrant Workmen Act, 1979 (IMWA), interstate migrant workers are defined
as

4 Section 4-6 of The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979
5 Section 8 of The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979
6 Section 7-10 The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979
“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; 7
Whereas in the code on Social Security (CSS) 2020 the definition is more inclusive-

"Inter-state migrant worker" means a person who is employed in an establishment and who—
(i) has been recruited directly by the employer or indirectly through contractor in one State for
employment in such establishment situated in another State; or
(ii) has come on his own from one State and obtained employment in an establishment of
another State (hereinafter called destination State) or has subsequently changed the
establishment within the destination State,
under an agreement or other arrangement for such employment and drawing wages not
exceeding eighteen thousand rupees per month or such higher amount as may be notified by the
Central Government from time to time;8

The definition in CSS 2020 includes the workers directly hired by the establishments, whereas in
IMWA 1979 only included the workers as interstate workers if they were hired by the
contractors. This makes the definition more inclusive, many laborers migrate to different states
on their own in search of better work without contractors, this new inclusive definition helps
them get the benefits that an interstate worker should get.

Portability of Benefits

Interstate Migrant Workmen Act: This Act focuses on regulating the employment of inter-state
migrant workers and ensuring their conditions of service. It does not specifically address the
portability of benefits such as those provided by the Public Distribution System (PDS).

7 Section 2(e) of the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979

8 Section 2(41) of the Code on social security, 2020

Code on Social Security: In contrast, the Code on Social Security introduces the concept of
portability of benefits, aligning with initiatives like the 'One Nation, One Ration Card' scheme.
This means that workers can access social security benefits, including those provided by the
PDS, across different states seamlessly.9

Documentation for Inter-state Migrant Workers:

Interstate Migrant Workmen Act: Under this Act, employers are required to issue a passbook to
each inter-state migrant worker, containing essential details such as the name and location of the
establishment where the worker is employed, the period of employment, wage rate, and other
relevant information. This passbook serves as documentation of the worker's employment status.

Code on Social Security: The Code introduces the option of self-registration for inter-state
migrant workers, facilitated by Aadhaar. This allows workers to register their names and places
of employment directly, without relying solely on employer-issued passbooks.10

Cons-
The differences between the Interstate Migrant Workmen Act and the Code on Social Security
have many significant changes that are good for the interstate workers but it also present certain
challenges.

While the Interstate Migrant Workmen Act applies to establishments with more than five inter-
state migrant workers, the Code on Social Security extends its jurisdiction to establishments with
more than ten such workers, potentially leaving a gap in coverage for smaller establishments.

Regarding wages, the Interstate Migrant Workmen Act does not specify wage criteria for inter-
state migrant workers, while the Code introduces a wage ceiling of INR 18,000 per month for

9 Devki Natu / Challenges Faced By Inter-State Migrant Workers In India: An Analysis / Volume 2, Issue 4 /
International Journal of Policy Sciences and Law
10 Devki Natu / Challenges Faced By Inter-State Migrant Workers In India: An Analysis / Volume 2, Issue 4 /
International Journal of Policy Sciences and Law
workers to qualify as inter-state migrants11. Additionally, the Code mandates that at least 50% of
the total remuneration be considered as 'wages' for calculating social security contributions,
potentially impacting the financial burden on employers and the benefit entitlements of workers.
This leaves out the interstate workers who are unskilled and earning less than 18000 per month.

Situation during COVID-19

During the COVID-19 pandemic, a significant number of interstate workers were laid off
without adherence to proper procedures outlined in the Industrial Relations Code of 1947. While
the pandemic posed unforeseeable circumstances, leading to economic disruptions, it resulted in
a dire situation for many migrant workers. Although employers may not be entirely at fault, there
is a pressing need for the government to introduce new provisions to address scenarios where
interstate workers are laid off and are unable to secure alternative employment or return to their
home states due to prevailing circumstances, as witnessed during COVID-19.

These new provisions could entail the establishment of funds or the provision of a minimum
salary to support laid-off interstate workers during such crises. Additionally, measures should be
implemented to ensure the safe repatriation of workers to their home states if they are unable to
find employment elsewhere. By instituting such safeguards, the government can mitigate the
adverse impact of economic downturns on interstate workers, providing them with the necessary
support and assistance during times of crisis.

11 Section 2(41) of the Code on social security, 2020

Conclusion

In conclusion, Its provisions for fair employment practices, proper working conditions, and
access to essential amenities seek to prevent exploitation and ensure accountability among
employers. However, the Act faces challenges, particularly in its coverage of smaller
establishments and discrepancies in wage criteria. The comparison with the Code on Social
Security highlights the need for comprehensive reforms to address these challenges and better
protect the interests of interstate workers. Additionally, the COVID-19 pandemic has
underscored the urgency of implementing new provisions to support laid-off interstate workers
and ensure their safe repatriation during times of crisis. By addressing these issues and
strengthening the Act, India can uphold its commitment to the well-being and dignity of all its
workers, regardless of their state of origin.

Bibliography
● The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979

● Chief Labour Commissioner (Central) / The Interstate Migrant Workmen / Ministry of

Labour and employment, Government of India <https://clc.gov.in/clc/acts-rules/inter-
state-migrant-workmen#:~:text=The%20inter%2DState%20migrant%20workmen%20are
%20generally%20illiterate%2C%20unorganised%20and,are%20engaged%20for
%20work%20are > last accessed on 10 April 2024

● Devki Natu / Challenges Faced By Inter-State Migrant Workers In India: An Analysis /

Volume 2, Issue 4 / International Journal of Policy Sciences and Law

● The Code on Social Security, 2020

● Niti Samani / Inter-State Migrant Workmen Act / Deskera

<https://www.deskera.com/blog/inter-state-migrant-workmen-act > last accessed on 10
April 2020

● Pooja Misra and Jaya Gupta / Impact of COVID-19 on Indian Migrant Workers:
Decoding Twitter Data by Text Mining / 20 July 2021 / Indian J Labour Econ. 2021