GIG ECONOMY LITIGATION DATABASE
Indian Federation of App-Based Transport Workers v Union of India (2021)
Citation/case number: W.P.(C) 1068/2021
Country: India
Year: 2021
Court: Supreme Court of India
Status: Pending
Topic/theme: Employment relationship
Issue: Benefits (social security, social protection)
Claimant type: Trade union, individuals
Respondent type: Government, corporation
Legislation considered: Constitution of India, arts 14, 21 and 23; Workmen's Compensation Act, 1923; Industrial Disputes Act , 1947; Employees State Insurance Act, 1948; Employees Provident Funds and Miscellaneous Provisions Act, 1952; Maternity Benefit Act, 1961; Payment of Gratuity Act, 1972; 'Unorganised Workers' Social Security Act, 2008
Factual background and procedural history
The claimants, including the Indian Federation of App-Based Transport Workers (IFAT) and two individual workers, filed a writ petition and an application for interim relief in the Supreme Court of India. The petition, which named various government entities and corporations including Ola, Uber, Swiggy and Zomato as respondents, sought recognition of gig workers as 'unorganised workers' under several social security laws so as to secure benefits under these acts. argued that gig workers' contracts with these platforms classify them as 'partners' rather than 'employees', the result of which is to deny workers social security benefits.
The petition alleged that this classification violates Articles 14, 21, and 23 of the Constitution of India, which pertain to equality, the right to life, and protection from forced labour. As regards the right to equality, the petition alleged that the failure to recognise gig workers as 'employees' under social security regulations means that they cannot access the same benefits as employees. Further, the petition alleged that as a result of the low rate of pay for gig workers, especially during the pandemic, and the denial of social security benefits amounts to exploitation through forced labour.
At an initial hearing on 13 December 2021, the court issued a notice on the writ petition and the claimants' application for interim relief, returnable in four weeks. On 24 July 2023, the matter was heard again. Following a request from the claimants' counsel for a further adjournment, the case was postponed for another eight weeks, with the court allowing time for the respondents to file counter affidavits and for the petitioners to file rejoinder affidavits.
Key issues for determination
(1) Do gig workers fall within the definition of 'unorganised workers' under section 2(m) of the Unorganised Workers' Social Welfare Security Act 2008 and other social security laws?; (2) if not, is the failure to include gig workers within the scope of 'unorganised workers' a violation of their right to equality under Article 14 of the Constitution of India?; and/or (3) does the denial of social security to gig workers amount to a violation of right to life under Article 21 of the Constitution of India, and constitute exploitation through forced labour in contravention of Article 23 of the Constitution of India?
Finding
At the last update, the case remained pending.
Outcome
At the last update, the case remained pending.
Link to judgment:
Not available
Other relevant publications
