Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
M.A. NO. 94 OF 2022
IN
SMW(C) NO. 6 OF 2020
In Re Problems and Miseries of Migrant
Labourers ...Petitioner(s)
Versus
O R D E R
M.R. SHAH, J.
1. A further status report has been filed on
behalf of the Union of India. In the status
report, it is stated that against the total target
of 38,37,42,394 migrants 28,86,23,993
migrants have already registered their names
on eShram portal. It is stated that e-Shram
Signature Not Verified
Digitally signed by
Neetu Sachdeva
Date: 2023.04.20
16:17:34 IST
Reason:
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th
portal was launched on 26 August, 2021 by
the Ministry of Labour & Employment in
technical cooperation with NIC. It is
submitted that eShram portal is meant to
register and support the
unorganised/migrant workers by providing
them with a Universal Account Number
(UAN). It is submitted that the Ministry has
on boarded CSC-SPV to function as eShram
registration center to provide assistance in
registration to the unorganized workers. That
the registration charges of Rs. 20/- per
registration is being directly paid to the CSC-
SPV by the Central Government and so far,
payment of more than Rs. 347.57 crores upto
December, 2022 has been made to CSC for
registration on eShram. The steps
undertaken by the CSC to facilitate
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registration of unorganized workers on the
eShram portal has been stated in the further
status report. It is submitted that the
Ministry of Labour and Employment has
developed a Standard Operating Procedure
(SOP) to share eShram portal data with States
and Union Territories (UTs). Accordingly,
guidelines for data sharing have been shared
with all the States & UTs in accordance with
the SOP. It is submitted that Data Sharing
Portal (DSP) has been developed and made
live by the Ministry of Labour and
Employment to facilitate the sharing of
eShram data with the State Governments so
as to equip them for targeted implementation
of the welfare schemes. It is submitted that
24 States/UTs have onboarded Data Sharing
Portal through which they can access eShram
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data of their State/UT. It is submitted that
the concerned State/UT government will have
to share the data with other departments of
the State Government as per the requirement.
2. It is further submitted in the report that it
has been found that out of 28.60 crores
registrants on eShram, 20.63 crores are also
registered on Ration Card Data. It is pointed
that approximately 3.82 crores eShram
registrants are also found to be beneficiary
under PM-Kisan Samman Nidhi. It is
submitted that the benefit of Pradhan Mantri
Shram Yogi Mann-Dhan Yojana (PM-SYM)
has been given to the eligible migrants.
3. Ms. Aishwarya Bhati, learned ASG appearing
on behalf of the Union of India has submitted
that each State has their own policies for
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issuance of the ration card. It is submitted
that the concerned State/UT has to take
further steps to issue ration card to
remaining registrants on eShram.
4. Shri Prashant Bhushan, learned counsel has
pointed out that approximately more than 10
crores persons are deprived of the benefit of
National Food Security Act due to non-
issuance of the ration cards which as such is
due to the fact that at present census of 2011
is being implemented and that after 2011
population has increased.
5. Having heard Ms. Bhati, learned ASG and
Shri Prashant Bhushan, learned counsel and
on going through the further status report,
we appreciate the exercise undertaken by the
UOI with the assistance of the respective
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States/UTs for registration of the
migrants/unorganized workers on eShram
portal. 28.60 crores migrants/unorganized
workers are registered on eShram portal
which is a commendable job. However, out of
28.60 registrants on eShram 20.63 crores are
registered on ration card data. Meaning
thereby, the rest registrants on eShram are
still without ration cards. Without the ration
card a migrant/unorganized labourer or his
family members may be deprived of the
benefit of the schemes and may be the benefit
under the National Food Security Act.
Therefore, being a welfare State, it is the duty
of the concerned State/UT to see that the
remaining registrants on eShram, who are
still not registered on ration card data and
who are not issued the ration cards, they are
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issued ration cards and the exercise for
issuance of ration cards is required to be
expediated. As the Union of India and the
concerned State/UT now already have the
data of the registrants on eShram portal and
will be having the required information, the
State/UT shall reach to them so that they can
be issued the ration cards and that their
names are registered on ration card data.
6. At present, we give further three months’ time
to the concerned State/UT to undertake the
exercise to issue ration cards to the left out
registrants on eShram portal by giving wide
publicity and the concerned State/UT to
approach them through the office of the
concerned Collector of the District so that
more and more registrants on eShram portal
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are issued the ration cards and so that they
may get the benefit of the benevolent schemes
floated by the UOI and the State Government
including the benefit under the National Food
Security Act. We order accordingly.
Put up on 03.10.2023, so as to enable the
Union of India to file further status report.
………………………………….J.
[M.R. SHAH]
………………………………….J.
[AHSANUDDIN AMANULLAH]
NEW DELHI;
APRIL 20, 2023
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