Section 59: Facilities to 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

Legal Commentary & Landmark Judgments: Section 59

Section 59 of the Code delineates the statutory facilities that employers and contractors must provide to inter-State migrant workers, including suitable residential accommodation, medical check-ups, and non-discriminatory access to social security schemes.

  • Mandatory Decent Residential Accommodation: Obligates the employer to provide suitable, hygienic residential accommodation conforming to prescribed standards of sanitation, ventilation, and family privacy during the period of employment.
  • Annual Health Examinations & Medical Treatment: Requires employers to arrange regular medical examinations and ensure free access to hospitalization and outpatient care for occupational and general ailments.
  • Statutory Parity in Service Conditions: Prohibits discriminatory wage structures, shift allocations, or welfare exclusions based on migrant status, guaranteeing identical service conditions as local workers.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court ruled that medical facilities and healthy living conditions are fundamental rights under Article 21, placing non-delegable duties on employers in all industrial undertakings.
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Supreme Court mandated that host States and principal employers must guarantee subsidized rations, hygienic shelter, and primary medical support to migrant laborers during industrial projects.
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Affirmed that social security and welfare benefits must be extended to daily wage and migrant laborers on par with regular personnel.
Courtroom Practice & Strategic Litigation Guidance:

When contracting with labor recruitment agencies, management must mandate photographic and video proof of residential camps, along with tie-ups with local ESIC or empaneled hospitals, to withstand regulatory scrutiny during surprise labor department inspections.