SC Seeks Response Of Centre, Uber, Zomato On Plea For Gig Workers' Benefits

The Supreme Court Monday sought responses from the Centre and firms including Uber and Zomato on a plea of an organisation of transport workers serving app-based service providers seeking social security rights available for unorganised sector workers under the law.

The plea by Indian Federation of App-Based Transport Workers (IFAT) has sought formulation of welfare schemes like health insurance, maternity benefits, pension, old age assistance, disability allowance and completion of vaccination at aggregators' cost on priority basis for gig workers.

We will issue notice, List after four weeks, said a bench comprising justices L Nageswara Rao and B R Gavai after hearing arguments from senior advocate Indira Jaising who appeared for IFAT.

Jaisingh said a declaration is sought by the drivers or delivery workers that they are workmen under the schemes of the Unorganised Workers Act and all the social welfare schemes, meant for the workers body.

The benefits for workmen of unorganised sectors be made available to them as well, she said.

She referred to a judgment of the Supreme Court of the United Kingdom and said the job contracts were analyzed and found that the persons employed with Uber were actually workmen.

It was held that the contract was only a subterfuge and the real relation is that of employee and employer, she said.

Besides Uber India and Zomato Ltd, the petition has made union ministries Commerce and Industry, Food and Public Distribution, Electronicsas parties.

The plea has sought a declaration that "gig workers" and "app based workers" are covered under the definition of "unorganized workers" of The Unorganised Workers Act and hence entitled for statutory welfare benefits.

"The failure of the State to register them as "unorganized workers" or to provide them social security under the existing law is a violation of their rights under Article 21 of the Constitution namely: the right to work, the right to livelihood; right to decent and fair conditions of work. It is also a denial of the right to equality before law and equal protection of laws inasmuch as they are similarly situated with all other workers under the applicable social security laws including the Act of 2008 thereby violating Article 14 of the Constitution," the plea said.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.

We, however, have a request.

As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.

Support quality journalism and subscribe to Business Standard.

Digital Editor