THE TOP COURT HEARD A PLEA SEEKING SOCIAL SECURITY BENEFITS FOR 'GIG WORKERS'

The Top Court heard a plea by gig workers regarding social security benefits for employers, including employers of Zomato, Swiggy and taxi, Ola, and Uber. The Court sought the Central Government's response on the claim made through the plea that the gig workers constitute employment relationship with the aggregators and hence, are covered under the definition of "workman" as per social security legislation.

The petition was filed by the Indian Federation of App-based Transport Workers v. UOI and by Tulasi Jagdish Babu (an Ola driver) and one Kaushal Khan. They contended that they are unorganized workers, and State's failure to register them under the Unorganised Workers' Social Welfare Security Act, 2008 is violative of their fundamental rights. Moreover, the Act has been enacted to ensure the basic human dignity of the workers. "Denial of social security to the said workers has resulted in exploitation through forced labor. The right to livelihood includes the right to work in decent work conditions. 

The petitioners argued that the respondent company claimed that there is no existence of an employment contract between the petitioners and the company. Their relationship is in the nature of the partnership. In this regard, the petitioner claimed that the companies exert complete control over the method and manner of their work. 

"The mere fact that their employers and companies call themselves "aggregators" and enter into "partnership" does not take away the fact that there exists a relationship of employer and employee; master and worker."

The petitioners further placed reliance on the recent UK Supreme Court's judgment, whereby the Court held that Uber drivers are "workers" rightfully entitled to minimum wage, paid annual leave, and other workers' rights.

Author: Papiha Ghoshal