The Calcutta High Court directed the Counsel for the State to file the report in the form of affidavit within four weeks disclosing the steps which have been taken by the State to implement the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj heard a Public Interest Litigation (PIL) filed raising the issue in respect of non-implementation of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 in the State of West Bengal.
Bikash Shaw , the Counsel appearing for the petitioner has drawn the attention of the Court to the reply dated 23rd September, 2022 given by the Joint Labour Commissioner in response to the application under the RTI Act and has submitted that though there are large number of inter-State migrant workers in the State of West Bengal but not a single such migrant worker has so far been identified.
He has also submitted that the inspectors as required under Section 20 of the Act have not been appointed and other provisions of the Act have also not been given effect.
Asok Kumar Chakraborti ,the Additional Solicitor General has pointed out that the representation received in this regard was duly communicated by the Under Secretary to the Government of India to the Principal Secretary, Department of Labour, Government of West Bengal on 5th December, 2018 for initiating the necessary action. He has also pointed out that the Deputy Chief Labour Commissioner (Central) Kolkata vide communication dated 7th March, 2019 had written to the Principal Secretary (Labour), Government of West Bengal to look into the matter and take appropriate action to redress the grievances of the migrant workers.
The counsel appearing for the State has placed reliance upon the reply to the RTI dated 23rd September, 2022 but the same does not reflect the steps taken for implementation of the Act.
“Hence, the learned counsel for the State is directed to file the report in the form of affidavit within four weeks disclosing the steps which have been taken by the State to implement the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. Thereafter, exception, if any, be filed within one week.
List on 24th April, 2023″, the order reads.