Terming that migrants in State are in a precarious condition, the Karnataka High Court on Thursday directed the Chief Secretary and Labour Secretary to appear personally through video-conference on May 26.
The top officials’ presence was necessitated as the government could not give clarity on its decision of not paying train fares of migrant workers who cannot afford the fares to return to their home States.
“Today, because of the State government’s reluctance to pay the train fares, many are unable to travel, and will have to look to the State for their food... Many workers have left their families in their home States and are in a precarious position as they are unable to send money to them,” the court observed, pointing out that it was not merely an issue of their survival but also of their health and families.
A special Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice B.V. Nagarathna made the observations in its order while hearing through video-conference the PIL petitions on issues during COVID-19 lockdown.
“Sorry to say that the State has forgotten that it is a human issue and there is Article 21 [Protection of life and personal liberty]. It reflects badly on the State. We are finding fault with the insensitive approach of the State... Why don’t the State take a bold stand that migrants are rich and they can pay for tickets...”, the Bench observed orally.
The Bench also noted that the State government did not produce any copy of the “conscious decision” taken by the competent authority of the State on not bearing the train fares. The government also contended that migrants have no legal right for free travel.
Pointing out that the migrants could not travel to their States due to lockdown and by the time travel norms were diluted they had lost their jobs and livelihood, the Bench said that it is for this reason many were unable to pay for their travel.
The Bench directed the government to give details on how it would take care of migrant workers who have to remain in Karnataka if they can’t afford to pay for train fares. The Centre had said that sending States will have to pay train fares and reimburse the amount from the home States of the migrant workers.
Stating that there was no clarity on the fares fixed for the Shramik special trains, the Bench directed the Union government to give details on how train fares are fixed.
The Bench also directed the State government to deliberate on wage issue as the counsel for All India Central Council of Trade Union pointed out that no action was taken for non-payment of wages even after some members of CREDAI, in a recent meeting convened by the State authorities, admitted having have not paid wages for two months to migrant labourers.
The Bench adjourned further hearing till May 26.
