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Section 58: Part II: Inter-State Migrant 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 IX: Contract Labour & Inter-State Migrant Workers
Competent Labour Forum
Act No. 37 of 2020
Section 57 All 143 Sections of OSH Code, 2020 Section 59

Legal Commentary & Landmark Judgments: Section 58

Section 58 introduces Part II of Chapter XI of the Code, defining the application of specialized protective provisions governing Inter-State Migrant Workers employed in establishments or recruited through contractors.

  • Special Protective Regime for Inter-State Migrant Labour: Establishes a dedicated statutory framework addressing the extreme socio-economic vulnerability of workers who cross State boundaries for industrial, infrastructure, or seasonal employment.
  • Integrated Application Thresholds: Applies to every establishment employing ten or more inter-State migrant workers and every contractor deploying such workers, ensuring broad coverage across informal sectors.
  • Codification of Constitutional Equality Guarantees: Operationalizes the constitutional guarantees of free movement (Article 19(1)(d)) and protection against forced labor (Article 23) through enforceable statutory protections.
Key Landmark Precedents:
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Supreme Court issued comprehensive directions mandating universal national registration of inter-State migrant workers on the e-Shram portal and ensuring unhindered access to social welfare benefits.
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Apex Court held that inter-State migrant workers are entitled to the full protection of fundamental rights, and State administrations have an affirmative constitutional duty to enforce protective labor codes.
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Affirmed that migrant workers subjected to substandard working conditions without statutory protections are victims of forced labor under Article 23.
Courtroom Practice & Strategic Litigation Guidance:

Companies deploying migrant workforces across State borders must maintain a dedicated inter-State migrant labor register, ensuring every worker is tagged with their native State registration and e-Shram portal Universal Account Number (UAN).

Section 57 All 143 Sections of OSH Code, 2020 Section 59