Section 119: National Social Security Board for certain workers

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIII: Social Security for Certain Workers
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 119

Section 119 of the Code provides for the establishment of a National Social Security Board for unorganized and migrant workers, tasked with recommending welfare schemes, insurance coverage, and social protection frameworks.

  • Tripartite National Advisory Board Architecture: Constitutes a high-powered board comprising Central Government representatives, trade union delegates, and employer federations to design social safety nets.
  • Focus on Vulnerable & Informal Workforces: Specifically mandates the board to formulate actionable welfare initiatives for inter-State migrant workers, construction labor, and plantation workers.
  • Integration with Digital Social Security Portals: Coordinates with the e-Shram registry to ensure universal benefit distribution, portable healthcare, and terminal benefit portability.
Key Landmark Precedents:
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Supreme Court directed the active functioning of national social security advisory bodies to implement universal welfare delivery for migrant workers.
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Affirmed that institutional welfare boards are constitutionally indispensable in rescuing informal labor from systemic socio-economic deprivation.
  • National Campaign Committee for CL v. Union of India (2018) 5 SCC 434: Supreme Court mandated statutory oversight of worker welfare boards to ensure collected funds are disbursed without administrative leakage.
Courtroom Practice & Strategic Litigation Guidance:

Corporate HR heads should monitor National Social Security Board policy circulars, aligning voluntary CSR initiatives with government co-funded schemes to optimize welfare expenditure.