RST Constructions Ltd., a company engaged in executing a major infrastructure project, recruits a number of labourers from Madhya Pradesh to work at its construction site located in another state. These workers are emplo

The issue pertains to the provisions of the Occupational Safety, Health and Working Conditions Code, 2020 relating to Inter-State Migrant Workers. Inter-State Migrant Workers include persons who are recruited in one state and employed in another state for work. Further, the Code provides certain welfare measures and protections for such workers. Under Section 60, the employer is required- to ensure suitable conditions of work to such worker having regard to the fact that he is required to work in a State different from his own State; in case of fatal accident or serious bodily injury to any such worker, to report to the specified authorities of both the States and also the next of kin of the worker; to extend all benefits to such worker which are available to a worker of that establishment including benefits under the Employees' State Insurance Act, 1948 or the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 or any other law for the time being in force and the facility of medical check-up as available to a worker. Section 61 of the Code further mandates that the employer shall pay, to every inter-State migrant worker employed in his establishment, in a year a lump sum amount of fare for to and fro journey to his native place from the place of his employment. In the present case, the workers recruited by RST Constructions Ltd. are Inter-State Migrant Workers within the meaning of the Occupational Safety, Health and Working Conditions Code, 2020. The failure of RST Construction Ltd. to provide proper accommodation and return travel allowance constitutes a violation of the statutory obligations under the Code. The aggrieved workers may approach the Inspector-cum-Facilitator or the competent labour authority for redressal. The authority may conduct an inspection and inquiry into the complaint. If the violation is established, the employer may be directed to provide the required facilities and travel allowance to the workers. Additionally, the employer may be subjected to penalties for contravention of the provisions of the Code.