Section 61: Toll-free helpline and grievance resolution

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 61

Section 61 of the Code mandates the establishment of a dedicated toll-free helpline and grievance redressal system by the appropriate Government to address exploitation, non-payment of wages, and safety violations reported by inter-State migrant workers.

  • Statutory Toll-Free Multilingual Helpline: Directs the establishment of round-the-clock telephone and digital helplines operating in multiple regional languages to record migrant worker distress calls and complaints.
  • Expedited Grievance Resolution Machinery: Requires that complaints relating to wage withholding, physical confinement, hazardous conditions, or denial of amenities be referred to the nearest Inspector-cum-Facilitator within twenty-four hours.
  • Inter-State Coordination Mechanism: Provides a formal bridge between the labor commissionerates of the home State and host State to investigate cross-border recruitment malpractices.
Key Landmark Precedents:
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Apex Court directed the creation of centralized dashboards and digital distress helplines to prevent bureaucratic inertia in resolving migrant worker grievances across India.
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Emphasized that access to administrative justice and immediate state intervention is indispensable for vulnerable workers lacking local socio-political leverage.
  • Bandhua Mukti Morcha v. Union of India (1997) 10 SCC 549: Supreme Court mandated permanent institutional oversight mechanisms to monitor ongoing compliance with statutory worker helplines and rehabilitation directives.
Courtroom Practice & Strategic Litigation Guidance:

Display the statutory toll-free helpline number prominently on bilingual notice boards at all factory gates, project entrances, and worker mess halls. Failure to display the helpline invites statutory penalties under Section 84.