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Supreme Court - Daily Orders

In Re Problems And Miseries Of Migrant ... vs Respondent(S) on 18 April, 2022

Bench: M.R. Shah, B.V. Nagarathna

                                                  1

     ITEM NO.42                           COURT NO.12                SECTION PIL-W

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

                   Miscellaneous Application No. 1768/2021 in SMW(C) No. 6/2020

     (Arising out of impugned final judgment and order dated 29-06-2021
     in SMW(C) No. No. 6/2020 passed by the Supreme Court Of India)

     IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS                Petitioner(s)

                                                 VERSUS

                                                                     Respondent(s)

     (FOR ADMISSION and IA No.142491/2021-EXTENSION                  OF   TIME   and   IA
     No.142492/2021-EXEMPTION FROM FILING O.T.)

     WITH
     MA 1171/2021 in SMW(C) No. 6/2020 (PIL-W)
     FOR EXTENSION OF TIME ON IA 90656/2021
     FOR EXEMPTION FROM FILING O.T. ON IA 90657/2021

     MA 94/2022 in SMW(C) No. 6/2020 (PIL-W)
     FOR CLARIFICATION/DIRECTION ON IA 8420/2022

     Date : 18-04-2022 These matters were called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE M.R. SHAH
                         HON'BLE MRS. JUSTICE B.V. NAGARATHNA

     For Parties:                  Mr.   Tushar Mehta, SG
                                   Mr.   K.M.Nataraj, ASG
                                   Ms.   Aishwarya Bhati, ASG
                                   Mr.   Kanu Agrawal, Adv.
                                   Mr.   Rajat Nair, Adv.
                                   Mr.   Saurabh Mishra, Adv.
                                   Mr.   Sugosh Subramanyam, Adv.
                                   Mr.   Gurmeet Singh Makker, AOR
                                   Mr.   Arvind Kumar Sharma , AOR

                                   Mr. Sumeer Sodhi, AOR
                                   Mr. Abhishek Lalwani, Adv.

                                   Mr. Prashant Bhushan, AOR
Signature Not Verified
                                   Ms. Cheryl Dzouza, Adv.
Digitally signed by R
Natarajan
Date: 2022.04.21
17:16:16 IST
Reason:                            By Courts Motion

                                   Mr. Shubhranshu Padhi, AOR
                                   Mr. Ashish Yadav, Adv.
                                   Mr. Rakshit Jain, Adv.
               2

Mr. Vishal Banshal, Adv.

Mr. Chirag M. Shroff, AOR
Mr. Amandeep Mehta, Adv.

Mr. Gaurav Librahan, AAG
Ms. Ranjeeta Rohatgi, AOR
Samten Doma, Adv.

Ms. Manisha Lavkumar, Sr. Adv.
Ms. Deepanwita Priyanka, AOR
Mr.   Siddhesh Kotwal, Adv.
Ms.   Ana Upadhyay, Adv.
Ms.   Manya Hasija, Adv.
Mr.   Akash Singh, Adv.
Ms.   Preeti Singh, Adv.
Mr.   Nirnimesh Dube, AOR

Mr. Shadan Farasat, AOR

Mrs. Ankita Chaudhary Dy. AG
Mrs. Mrinal Elker Mazumdar, AOR
Mrs. Abha Sharma Adv.
Ms. Pratibha Yadav Adv.

Mr. Raj Bahadur Yadav, AOR

Mr.   Anil Grover Sr. AAG
Ms.   Noopur Singhal Adv.
Mr.   Rahul Khurana, Adv.
Mr.   Satish Kumar Adv.
Mr.   Sanjay Kumar Visen, AOR
Mr.   Navin Gupta, Adv.

Mr. Sarad Kr. Singhania, Adv.
Mr. G.S. Makker, AOR

Mr. G.S. Makker, AOR
Mrs. Mrinal Elker Mazumdar, Adv.
Ms. Indira Bhakar, Adv.

Mr. Harish Pandey, Adv.
Ms. Sanskriti Pathak, Adv.
Mr. G.S. Makker, AOR

Mr. Manish Kumar, AOR

Mr. Abhimanyu Tewari, AOR
Ms. Eliza Bar, Adv.

Mr. G.M. Kawoosa, Adv.
Ms. Taruna Ardhendumauli Prasad, AOR
               3


Ms. G. Indira, AOR

Mr.   Suhaan Mukerji, Adv.
Mr.   Nikhil Parikshith, Adv.
Mr.   Vishal Prasad, Adv.
Mr.   Abhishek Manchanda, Adv.
Mr.   Sayandeep Pahari, Adv.
Mr.   Tanmay Sinha, Adv.
For   M/s PLR Chambers And Co., AOR

Mr. Karan Bharihoke, AOR

Mr. Abhinav Mukerji, AAG/AOR
Mr. Akshay C. Shrivastava, Adv.
Mrs. Bihu Sharma, Adv.
Ms. Ruchira Goel, AOR
Mr. Sibo Sankar Mishra, AOR

Mr. Nitin Mishra, AOR

Mr. Nikhil Goel, AOR

Mr. Shuvodeep Roy, AOR

Mr.   Rakesh Dahiya, AOR
Mr.   Aditya Dahiya, Adv.
Mr.   Ravi Swami, Adv.
Mr.   Bhudev Prasad Vaishnav, Adv.

Ms. Astha Sharma, AOR

Mr. Biju P Raman, AOR

Mr. M. Yogesh Kanna, AOR

Mr. Amit Kumar Singh, Adv.
Ms. K. Enatoli Sema, AOR
Ms. Chubalemla Chang, Adv.

Mr. Sunny Choudhary, AOR

Mr. Sunil Fernandes, AOR

Mr. Mohit Paul, AOR
Mr. Bikram Dwivedi, Adv.

Dr. Manish Singhvi, Sr. Adv.
Mr. Arpit Parkash, Adv.
Mr. Sandeep Kumar Jha, AOR

Ms. Nupur Kumar, AOR
                 4

Mr.   Raghvendra Kumar, Adv.
Mr.   Anand Kumar Dubey, Adv.
Mr.   Nishant Verma, Adv.
Mr.   Rajiv Kumar Sinha, Adv.
Mr.   Simanta Kumar, Adv.
Ms.   Rajlakshmi Singh, Adv.
Mr.   Sunil Saraogi, Adv.
Mr.   Narendra Kumar, AOR

Ms. Uttara Babbar, AOR

Mr. Rituraj Biswas, AOR

Mr.   Rahul Chitnis, Adv.
Mr.   Sachin Patil, AOR
Mr.   Aaditya A. Pande, Adv.
Mr.   Geo Joseph, Adv.
Ms.   Shwetal Shepal, Adv.

Applicant-in-person

Mr. G. Prakash, AOR

Mr.   Tapesh   Kumar Singh, AAG/AOR
Mr.   Sukant   Vikram, Adv.
Mr.   Aditya   Pratap Singh, Adv.
Mr.   Aditya   Narayan Das, Adv.

Mr. M. Shoeb Alam, AOR

Mr. Siddharth Seem, Adv.
Mr. Satya Mitra, AOR

Mr.   Tapesh Kumar Singh, AAG
Mr.   Kumar Anurag Singh, Adv.
Mr.   Aditya Pratap Singh, Adv.
Mr.   Anando Mukherjee, AOR
Mr.   Shwetank Singh ,Adv.
Ms.   Ekta Bharati, Adv.
Mr.   Raj Kishor Choudhary, AOR

Dr. Abhishek Atrey, AOR
Ms. Ambika Atrey, Adv.
Mr. Akash Giri, Adv.

Mr.   Avijit Mani Tripathi, AOR
Mr.   Upendra Mishra, Adv.
Mr.   K.V. Kharlyngdoh, Adv.
Mr.   T.K. Nayak, Adv.

Mr. B. V. Balaram Das, AOR

Mr. Ejaz Maqbool, AOR
                                        5


                        Mr. Pranav Sachdeva, AOR

                        Mr. S. Udaya Kumar Sagar, AOR
                        Ms. Sweena Nair, Adv.

                        Mr. Prashant Bhushan, AOR

                        Mr.   Pukhrambam Ramesh Kumar, AOR
                        Mr.   Karun Sharma, Adv.
                        Ms.   Anupama Ngangom, Adv.
                        Mr.   Krishna Shree Devee, Adv.
                        Mr.   Saurabh Choudhary, Adv.

                        Ms. Pinky Behera, AOR

             UPON hearing the counsel the Court made the following
                                O R D E R

M.A.No. 1768/2021 & MA 1171/2021 in SMW(C) No. 6/2020:

Mr. Sumeer Sodhi, learned counsel appearing on behalf of the State of Chhattisgarh, has stated at the Bar that, in view of the subsequent development, the order passed by this Court on One Nation One Ration Card has been implemented.
In that view of the matter, the present applications preferred by the State of Chhattisgarh are dismissed as having become infructuous.
By a detailed order dated 29.06.2021, various directions were issued by this Court, which read as under:-
(i) It is directed that the Central Government to develop the Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. We also impress upon 76 and direct that the Central Government as well as the respective States and the Union Territories to complete the process of Portal for registration under National Data Base for Unorganised Workers (NDUW Project) as well as implement the same, which by all means may commence not later than 31.07.2021. We also impress upon and direct that the process of registration of the 6 unorganized labourers/migrant workers is completed at the earliest, but not later than 31.12.2021. All the concerned States/Union Territories and the Licence Holders/Contractors and others to cooperate with the Central Government to complete the process of registration of migrant workers and unorganized labourers so that the benefits of the welfare schemes declared by the Central Government/State Governments/ Union Territories be available to migrant workers and unorganized labourers for whose benefits the welfare schemes are declared.
(ii) The Central Government having undertaken to distribute additional quantity of foodgrains as demanded by the States/Union Territories for distribution to migrant labourers under some Scheme framed by the States, we direct the Central Government, Department of Food and Public Distribution (Ministry of Consumer Affairs, Food and Public Distribution) to allocate and distribute foodgrains as per demand of additional food-grains from the States for disbursement of dry foodgrains to migrant labourers.
(iii) We direct the States to bring in place an appropriate scheme for distribution of dry ration to migrant labourers for which it shall be open for States to ask for allocation of additional foodgrains from the Central Government, which, as directed above, shall provide the additional foodgrains to the State. The State shall consider and bring an appropriate Scheme, which may be implemented on or before 31.07.2021. Such scheme may be continued and operated till the current pandemic (Covid-19) continues.
(iv) The States, who have not yet implemented “One Nation One Ration Card” scheme are directed to implement the same by not later than 31.07.2021.
(v) The Central Government may undertake exercise under Section 9 of the National Food Security Act, 2013 to re-determine the total number of persons to be covered under the Rural and Urban areas of the State.
(vi) We direct all the States/Union Territories to register all establishments and license all contractors under the Act, 1979 and ensure that statutory duty imposed on the contractors to give particulars of migrant workers is fully complied with.
7
(vii) The State/Union Territories are directed to run community kitchens at prominent places where large number of migrant labourers are found for feeding those migrant labourers who does not have sufficient means to procure two meals a day. The running of the community kitchen should be continued at-least till pandemic (Covid-19) continues.

The Union of India and the concerned State Governments are directed to submit the compliance report on what further actions are taken pursuant to the aforesaid directions, to be filed within a period of four weeks from today.

Put up on 18.05.2022.

(R. NATARAJAN)                                (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                         BRANCH OFFICER