Section 65: Portability of benefits

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 65

Section 65 of the Code codifies the principle of portability of benefits, guaranteeing that inter-State migrant workers enjoy uninterrupted access to public distribution system (PDS) food grains, building welfare board entitlements, and health insurance across State lines.

  • Nationwide Portability of Rations & Social Welfare: Guarantees that an inter-State migrant worker can draw statutory subsidized food grains under the National Food Security Act in the host State using their One Nation One Ration Card (ONORC) credential.
  • Inter-State Portability of BOCW Welfare Funds: Authorizes the transfer and mutual recognition of welfare benefits credited under Building and Other Construction Workers Welfare Boards between source and destination States.
  • Digital Identity Integration via Aadhaar & e-Shram: Enables seamless benefit portability through universal Aadhaar-seeded identity verification across all state boundaries.
Key Landmark Precedents:
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Supreme Court mandated the nationwide operationalization of the 'One Nation, One Ration Card' scheme, holding that food security cannot be denied to migrant workers merely because they are away from their native States.
  • National Campaign Committee for CL v. Union of India (2018) 5 SCC 434: Supreme Court directed all State BOCW Welfare Boards to establish reciprocal frameworks ensuring construction workers receive maternity, pension, and disability benefits anywhere in India.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that socio-economic security rights follow the worker across jurisdictional boundaries.
Courtroom Practice & Strategic Litigation Guidance:

Industrial welfare officers must assist migrant workers in linking their native State ration cards and BOCW registrations to local fair-price shops and dispensaries within thirty days of joining, submitting compliance proof during quarterly labor audits.