[COVID-19 Lockdown] Appoint Nodal Officers to hear grievances of stranded Migrant Labourers, suggests Kerala High Court

The Kerala High Court on Friday mooted the appointment of Nodal Officers to receive and address complaints regarding the accommodation and security of migrant labourers stranded in the State amid the restrictions imposed to curb the spread of the Novel Coronavirus (COVID-19)..The Division Bench of Justices AK Jayasankaran Nambiar and Shaji P Chaly took up the matter via video conferencing this morning. .The issue had been taken up suo motu earlier this week, when the State of Kerala was asked to respond on the steps taken by it to take care of migrant labourers stranded in the State owing to the Coronavirus lockdown..[Coronavirus Lockdown] Kerala High Court asks Government to respond on steps taken to provide food, shelter to Migrant Workers .On Friday, the Court passed the following orders:.The District Labour Officers concerned shall, in co-ordination with the respective Taluk Legal Services Authorities, monitor the effective implementation of the steps taken by the State Government in providing food, shelter and other essential commodities and services to the migrant workers in the State, during the lockdown period. The State Government, as also the authorities mentioned above, shall also take note of the directions issued by the Supreme Court in its March 31 order that directs the State Government and other authorities to strictly abide by the directives issued by the Union of India in these matters.The above directions shall remain in force till the next date of posting of this case on April 17. However, in the event of any urgent orders being required to safeguard the rights of the migrant workers in the meanwhile, the amicus curiae is at liberty to move this court even before the next date of posting.Read the order:.Amicus Curiae Parvathi Sanjay today told the Court that while the Kerala Government’s efforts on the issue are appreciated, a concern that remains is that the expenses for regular needs of migrant labours continues to be taken up by their contractors. In this regard she relied on reports received from four District Legal Services Authorities (DSLA)..In response to the Court’s query regarding what the Kerala Government has been doing, the Amicus further submitted initially after the lockdown was announced, there was a lull as far as the issue is concerned. .Government orders for the use of funds began to be passed after March 31, it was informed. All the same, the reports by the DSLAs indicate that the expenses for the migrant workers are mostly being met by their contractors (private employers), NGOs, CSR fund and donations of that nature, the Amicus further said..In the meanwhile, Additional Advocate General for Kerala Ranjith Thampan read out the Statement filed by the State Government to inform the Court of the various measures being taken by the Kerala Government..Inter alia, he told the Court that these steps included community kitchens, setting up of call centres with the State Labour commission, the creation of seven hotlines, directions to employers that they should not collect rent from migrant labourers, provision of food packets and periodic health checkups in camps..The Amicus spoke in some detail on how the Government's measures would reach the migrant labourers, depending on the category of migrant labourer (on the basis of how they were engaged for work)..Taking note of the State’s submissions in this regard, the Bench observed that the primary responsibility for taking care of the migrant labourer still rested on the employer. The State government was expected to step in where there were gaps, the Court remarked..The overall concern of the Amicus was, however, that there is no consistent fund to meet the regular expenses of all migrant labourers. There is no monitoring for stepping in when the contractors stop catering to the basic needs or if they attempt to adjust the same against the labourer’s wages. The Amicus sought for constant monitoring on the issue to guard against such risks..The Court, in turn assured that there would be monitoring not only by the State, but also by the High Court, pointing out that this is the reason why the Bench is hearing the matter presently..“We will keep posting the case periodically for monitoring. When there is any shortfall in the assurances given by the government and when there is a need for interference for coaxing the government to act… feel free to approach the court.”Kerala High Court.The Bench added that since the regular sittings are being conducted via video conferencing, the matter can be taken up whenever such an urgent need arises since the video conferencing does not involve the physical constraints otherwise at play..Justice Chaly also suggested that where there are any shortcomings, it would be ideal that the concerned government authorities first be approached to take action so that they are also aware of what is happening. If the government functionary fails to act, the Court can be approached..Over the course of the hearing the judges also opined that it would be appropriate to appoint nodal officers who could be exclusively tasked to hear complaints regarding shortcomings in providing for migrant labourer welfare. .Justice Nambiar opined that such an officer must be accessible by phone and that the phone number must be displayed in all labour camps..On this aspect, AAG Ranjith Thampan pointed out that the District Labour Officers are already acting on this task. The Amicus told the Court that Taluka legal officers of the Kerala Legal Services Authority (KELSA) are also willing to carry out this task..Addressing apprehensions raised by the AAG that there may be duplication of work, the Court suggested that such Taluka officers hear complaints at the Taluka level and then inform the District officers..This way, there can be coordinated efforts to address complaints. Together such officers could take a call on steps taken to address the complaints and if steps are not taken, the Court can intervene, the judges suggested..The judges clarified that the suggestions are being made in practical interest, and that the Court is not finding fault on any side..The Amicus today also raised an additional practical concern that at least eight camps for stranded migrant labours were overcrowded. In these camps, the precautionary measure of social distancing becomes a problem..In response, Justice Nambiar remarked that social distancing with social security is meaningless. He added that once social security is assured to migrant labourers, then the focus can be shifted to social distancing to the extent possible..The judges proceeded to observe that for now, it may be presumed that due arrangements are being carried out well. Therefore, it posted the matter to be taken up next on April 17. It was orally remarked by the Bench that unless there is some lacunae or lapse in providing social security at this stage, the case may not be taken further for now..However, if there is any emergent situation or urgency arising prior to the next date, then the Court can be approached as well..As today's hearing concluded, Central Government Counsel, Advocate Jaishankar V Nair also requested that the Court bear in mind what the Supreme Court has said on the issue including on the importance of employing welfare officers for the welfare of the migrant labourers. .In view of the submission, the Bench has informed that the order to be passed will broadly incorporate what the Supreme Court has said as well as submissions of the Amicus.