Supreme Court Monitors Registration of Unorganized Workers on eShram Portal in Welfare Scheme Implementation. The Court Directed Further Status Report After Reviewing Progress on Registration Targets and Data Sharing Mechanisms with States and Union Territories.

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Case Note & Summary

The Supreme Court was monitoring the implementation of the eShram portal, a government initiative aimed at registering unorganized and migrant workers to provide them with Universal Account Numbers for welfare benefits. The Union of India filed a status report detailing the progress, including that out of a target of 38,37,42,394 migrants, 28,86,23,993 had registered on the portal as of the report. The portal was launched on 26 August 2021 by the Ministry of Labour and Employment in technical cooperation with NIC, with registration charges of Rs. 20 per registration paid by the Central Government to CSC-SPV, amounting to over Rs. 347.57 crores by December 2022. The report also outlined steps taken to facilitate registration and the development of a Standard Operating Procedure and Data Sharing Portal to share eShram data with States and Union Territories, with 24 States/UTs having onboarded the portal for accessing data to implement welfare schemes effectively. The core legal issue was the court's supervisory role in ensuring compliance and progress in registering workers and sharing data. The Union of India's arguments were presented through the status report, highlighting achievements and mechanisms in place. The court analyzed the report, noting the progress made and the importance of data sharing for targeted welfare implementation. It directed the Union of India to file a further status report before the next date of hearing, emphasizing the need for continued monitoring to ensure the scheme's success and equitable benefit distribution.

Headnote

A) Labour Law - Welfare Schemes for Unorganized Workers - eShram Portal Registration - Not mentioned - The Supreme Court considered a status report filed by the Union of India regarding the eShram portal launched on 26 August 2021 to register unorganized/migrant workers and provide them with Universal Account Numbers. The report detailed registration numbers, payment to CSC-SPV, and steps taken to facilitate registration. The Court noted the progress and directed the Union of India to file a further status report. Held that the matter required continued monitoring to ensure effective implementation of the welfare scheme (Paras 1-3).

B) Administrative Law - Data Sharing and Implementation - Standard Operating Procedure - Not mentioned - The Court reviewed the development of a Standard Operating Procedure and Data Sharing Portal by the Ministry of Labour and Employment to share eShram data with States and Union Territories for targeted welfare scheme implementation. It was noted that 24 States/UTs had onboarded the portal. The Court emphasized the need for States/UTs to share data internally as required and directed the Union of India to file a further status report. Held that data sharing mechanisms were crucial for equitable distribution of benefits (Paras 1-3).

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Issue of Consideration

Monitoring the progress of registration of unorganized/migrant workers on the eShram portal and the implementation of data sharing mechanisms with States and Union Territories

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Final Decision

The Supreme Court directed the Union of India to file a further status report before the next date of hearing.

Law Points

  • Monitoring of government welfare schemes
  • registration of unorganized workers
  • data sharing protocols
  • compliance with court directions
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Case Details

2023 LawText (SC) (4) 6

M.A. NO. 94 OF 2022 IN SMW(C) NO. 6 OF 2020

2023-04-20

M.R. Shah

In Re Problems and Miseries of Migrant Labourers ...Petitioner(s) Versus

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Nature of Litigation

Monitoring of government welfare scheme implementation for unorganized/migrant workers

Filing Reason

Filing of a further status report by the Union of India on the progress of eShram portal registration

Issues

Monitoring the progress of registration of unorganized/migrant workers on the eShram portal Implementation of data sharing mechanisms with States and Union Territories for welfare schemes

Submissions/Arguments

Union of India submitted a status report detailing registration numbers, payment to CSC-SPV, and steps for registration facilitation Union of India submitted that a Standard Operating Procedure and Data Sharing Portal have been developed for sharing eShram data with States/UTs

Ratio Decidendi

The Supreme Court exercises supervisory jurisdiction to monitor the implementation of welfare schemes for unorganized workers, ensuring progress in registration and data sharing for effective benefit distribution.

Judgment Excerpts

A further status report has been filed on behalf of the Union of India. eShram portal was launched on 26th 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). The steps undertaken by the CSC to facilitate 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).

Procedural History

A further status report was filed by the Union of India. The Supreme Court considered the report and directed the Union of India to file a further status report before the next date of hearing.

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