Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, commonly known as the ISMW Act, was enacted by the Government of India to regulate the employment and working conditions of inter-state migrant workmen. The Act aims to safeguard the rights and welfare of these workers by ensuring fair employment practices and proper working conditions. This case study examines the application of the ISMW Act in the context of Poply and Brothers Diamond Company, where diamond-making work is undertaken.

This section provides definitions for various terms used in the Act, such as “contractor,” “establishment,” “inter-state migrant workman,” and “principal employer.” Clear definitions are essential to correctly interpret and apply the provisions of the Act.

This section empowers the appropriate government to appoint a Registering Officer who is responsible for maintaining registers and records containing details of inter-state migrant workmen engaged in various establishments. In the context of Poply and Brothers Diamond Company, the Registering Officer would maintain records of migrant workers employed in diamond-making activities.

The Act requires the principal employer to issue a passbook to each inter-state migrant workman, containing important information such as the terms of employment, wages, deductions, and other benefits. The passbook serves as a record of the workman’s employment and is an essential document for ensuring transparency and accountability.

According to this section, the principal employer is responsible for ensuring the payment of wages to inter-state migrant workmen. The wages should be paid in the presence of the Registering Officer or any other authorized officer. This provision prevents exploitation of migrant workers by ensuring timely and proper payment of wages.

If the inter-state migrant workman is employed through a contractor, the responsibility for the payment of wages lies with the contractor. However, the principal employer is jointly liable for any payments that the contractor fails to make. This provision prevents the principal employer from evading responsibility for wage payments.

In cases where an inter-state migrant workman remains unemployed for reasons beyond their control, the principal employer is responsible for paying a subsistence allowance. This provision ensures that workers are not left without any means of sustenance during periods of unemployment.

The Act mandates that the establishment must provide adequate and clean facilities for the sanitation and hygiene of inter-state migrant workmen. This is particularly important in industries like diamond-making, where workers are exposed to various materials and processes.

This section enumerates the permissible deductions that can be made from the wages of inter-state migrant workmen. The company must ensure that any deductions made comply with the Act’s provisions.

According to this section, the contractor is required to maintain a register containing various details about the inter-state migrant workmen, such as their names, addresses, and other relevant information. The company needs to ensure that accurate records are maintained as per this requirement.

Contractors engaged by the principal employer are required to ensure compliance with the provisions of the Act. They are responsible for providing amenities, wages, and other benefits to the inter-state migrant workmen as stipulated.

This section empowers the appropriate government to appoint inspecting staff to ensure the company’s compliance with the Act. Inspections play a crucial role in monitoring the company’s adherence to the regulations.

Disclaimer: Any characters, companies, or situations in this case study are created solely for illustrative purposes and do not correspond to any existing entity. This case study uses a fictional scenario to present principles of “Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act” compliance.