Main Article Content
Abstract
It is the responsibility of a welfare state to ensure that no citizen of this country is denied his right to live with dignity. Part III (Articles 14,15,16,19,21,23 and 24) and Part IV(Article 38,39,41,42,43,43A,54) of the constitution of India protect and safeguard the interest of migrant labour. Labour is a subject in the concurrent list under the constitution of India. Bothe the Central and State Governments are competent to enact laws. As a result, a large number of labour laws have been enacted. There are many labour laws which are applicable to both migrant workmen as well as other workers. These laws include the Minimum Wages Act 1948; the Contract Labour (Regulation and Abolition) Act 1970; the Equal Remuneration Act, 1976; the Building and other Construction Workers (Regulation of Employment and conditions of services) Act 1996; the Workmen's Compensation Act 1923; the Payment of Wages Act 1936; the Child Labour (Prohibition & Regulation ) Act, 1986; the Bonded Labour Act 1976• the Employees State Insurance Ac,1952; and the Maternity Benefit Act, 1961; The last three Acts cover only organized sector workers and thus preclude temporary migrants. Above laws were not sufficient to protect migrant workmen, therefore, Parliament passed a separate law for the protection of migrant workmen. Inter- State Migrant Workmen (Regulation and Condition of Services) Act, 1979 specially deals with malpractices associated with the recruitment and employment of workers who migrated across state boundaries.