Section 142: Application of Aadhaar for identification

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XII: Offences and Penalties
Competent Labour Forum
Act No. 36 of 2020

Legal Commentary & Landmark Judgments: Section 142

Section 142 of the Code mandates the application of Aadhaar for identification, requiring employees, unorganized workers, gig workers, and beneficiaries to establish identity using Aadhaar numbers to access social security benefits, registrations, and schemes.

  • Aadhaar-Based Identity Verification Architecture: Mandates the seeding of Aadhaar numbers for worker registration on the e-Shram portal, EPF Universal Account Number (UAN), and ESIC e-Pehchan credentials.
  • Unification of Social Security Records: Prevents duplicate or ghost enrollments while enabling nationwide portability of social security, gratuity, and health benefits.
  • Alternative Identity Safeguards for Technical Failures: Requires administrative authorities to provide alternative identity verification procedures where biometric authentication fails due to manual labor wear, preventing exclusion from emergency benefits.
Key Landmark Precedents:
  • Justice K.S. Puttaswamy (Retd.) v. Union of India (Aadhaar-5 Judge) (2019) 1 SCC 1: Constitution Bench upheld the mandatory use of Aadhaar under Section 7 of the Aadhaar Act for subsidies, benefits, and services funded from the Consolidated Fund of India, mandating that technical authentication failures must never cause denial of welfare benefits.
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Supreme Court directed universal Aadhaar-seeded registration of all informal and migrant workers on the e-Shram portal to ensure benefit delivery.
  • Internet and Mobile Association of India v. RBI (2020) 10 SCC 274: Affirmed that proportionality and data privacy standards must govern digital identity integrations.
Courtroom Practice & Strategic Litigation Guidance:

HR onboarding workflows must mandate Aadhaar seeding for EPF/ESIC portals upon hiring, while establishing an alternative manual biometric verification protocol to ensure workers with worn fingerprints are not denied statutory medical or sickness access.