Section 62: Study of 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 62

Section 62 of the Code empowers the appropriate Government to conduct periodic socioeconomic studies, demographic surveys, and data collection on inter-State migrant workers to assess living conditions, wage levels, and social security coverage.

  • Empirical Data Collection & Policy Formulation: Mandates empirical research and surveys to track migration corridors, occupational disease incidence, wage disparities, and living standards among migrant workforces.
  • Obligation on Employers to Furnish Information: Requires industrial establishments and labor contractors to furnish accurate census returns and worker profiles to designated survey officers.
  • Protection of Confidential Information: Ensures that proprietary corporate data disclosed during socioeconomic surveys is protected from commercial misuse while serving public welfare objectives.
Key Landmark Precedents:
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Supreme Court highlighted that absence of reliable empirical data was the primary obstacle in delivering emergency welfare relief, directing national data integration via e-Shram.
  • State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534: Supreme Court held that legislative and administrative action grounded in scientific and statistical survey data enjoys a strong presumption of constitutionality.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Mandated continuous epidemiological surveys across asbestos and hazardous chemical units to measure chronic disease among workers.
Courtroom Practice & Strategic Litigation Guidance:

Designate a compliance officer to coordinate with state statistical officers and maintain digital records of all survey disclosures, ensuring full reconciliation between filed GST returns, EPF/ESIC rosters, and migrant census filings.