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Citation Codes
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citation codes
Case Number
Disposition

NA

Attorney(S)
  • NUPUR KUMAR
  • DEVASHISH BHARUKA
Acts
  • 4 ITEM NO.12 COURT NO.14 SECTION X S U P R E M E C O
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

NA

Attorney(S)
  • NUPUR KUMAR
  • DEVASHISH BHARUKA
Acts
  • 4 ITEM NO.12 COURT NO.14 SECTION X S U P R E M E C O
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Smart Summary

Factual and Procedural Background

The petition, filed by the Indian Federation of App-based Transport Workers (IFAT) and others, seeks implementation of social-security measures for gig and platform workers under Chapter IX of the Code on Social Security, 2020. Although the Code received Presidential assent on 29 September 2020, counsel for the Union of India informed the Court that the rules or scheme required to operationalise Chapter IX are still under consideration. During the hearing on 18 February 2025, the Additional Solicitor General requested additional time to apprise the Court of the progress made by the appropriate authority.

Legal Issues Presented

  1. Whether the Union of India has taken concrete steps to frame the rules or scheme necessary to give effect to Chapter IX of the Code on Social Security, 2020.
  2. What timeline the Government must provide for finalising those rules so that the statutory protections for unorganised, gig and platform workers can be implemented.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Bench noted that Parliament has already enacted the Code on Social Security, 2020 and that Chapter IX specifically extends social-security benefits to unorganised, gig and platform workers. Recognising that the statutory mandate cannot be fulfilled until subordinate legislation is in place, the Court focused on governmental inaction. It accepted the Additional Solicitor General’s request for a short adjournment but conditioned it by:

  • Directing a “responsible officer” of the concerned department to file an affidavit.
  • Requiring the affidavit to specify a time-line within which the rules or scheme will be finalised and the Code brought into force.

This approach reflects the Court’s supervisory jurisdiction under Article 32 to ensure that legislative intent is not frustrated by executive delay. The order therefore balances deference to the executive’s rule-making prerogative with the Court’s duty to secure fundamental rights potentially implicated by the absence of social-security coverage.

Holding and Implications

ORDER: The Court directed the Union of India to file, within one week, an affidavit from a responsible officer outlining the definitive timeline for framing the requisite rules/scheme under Chapter IX of the Code on Social Security, 2020, and ordered the writ petition to be re-listed after two weeks.

Implications: The order compels the Government to commit on record to a schedule for implementing statutory social-security protections for gig and platform workers. While it sets no new legal precedent, it reinforces judicial oversight of executive delays in effectuating enacted welfare legislation and provides immediate procedural relief to the petitioners.

Show full summary ...
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    THE INDIAN FEDERATION OF APP - BASED TRANSPORT WORKERS, (IFAT) v. UNION OF INDIA

    1

    REVISED FOR APPEARANCE

    ITEM NO.12 COURT NO.14 SECTION X

    S U P R E M E C O U R T O F I N D I A

    RECORD OF PROCEEDINGS

    Writ Petition(s)(Civil) No(s). 1068/2021 THE INDIAN FEDERATION OF APP - BASED TRANSPORT WORKERS, (IFAT) & ORS. Petitioner(s)

    VERSUS

    UNION OF INDIA & ORS. Respondent(s) (With IA No.123005/2021-EX-PARTE AD-INTERIM RELIEF; I.A. No. 123006/2021 - EXEMPTION FROM FILING AFFIDAVIT; I.A. No. 123005/2021 - EX-PARTE AD-INTERIM RELIEF; I.A. No. 123006/2021 - EXEMPTION FROM FILING AFFIDAVIT and I.A. No. 194532/2024- INTERVENTION

    APPLICATION)

    Date : 18-02-2025 This matter was called on for hearing today.

    CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) Dr. S. Muralidhar, Sr. Adv. Ms. Gayatri Singh, Sr. Adv.

    Ms. Nupur Kumar, AOR

    Mr. M.a. Karthik, Adv.

    Ms. Ninni Susan Thomas, Adv.

    Mr. Maitreya Subramaniam, Adv.

    Mr. Pallak Bhagat, Adv.

    For Respondent(s) Mrs. Aishwarya Bhati, A.S.G. Mr. Raj Bahadur Yadav, AOR

    Mr. Nitin Chowdhary Pavuluri, Adv. Mr. Abhijeet Pandove, Adv.

    Ms. Sweksha, Adv.

    Mr. Shashank Bajpai, Adv.

    Mr. Harish Pandey, Adv.

    Ms. Aishwarya Bhati, A.S.G.

    Mr. Amit Sharma (V), Adv.

    Mr. Amrish Kumar, AOR

    Mr. Nitin Chowdary Pavuluri, Adv. Mr. Abhijeet Pandove, Adv.

    Ms. Sweksha, Adv.

    Mr. Harish Pandey, Adv.

    Mr. Faisal Sherwani, AOR

    2

    Mr. Aditya Vikram, Adv. Mr. Shikher Deep Aggarwal, Adv. Ms. Sanjukta Kaushik, Adv. Mr. Paramjit Singh Patwalia, Sr. Adv. Mr. Ajit Kumar Sinha, Sr. Adv. Ms. Pritha Srikumar Iyer, AOR Mr. Arun Sri Kumar, Adv.

    Ms. Harshika Verma, Adv.

    Ms. Deveshi Chand, Adv.

    Mr. Atharv Gupta, Adv.

    M/S. Karanjawala & Co., AOR Mr. Mukul Rohatgi, Sr. Adv. Ms. Ruby Singh Ahuja, Adv. Mr. Karan Lahiri, Adv.

    Ms. Tahira Karanjawala, Adv. Mr. Arjun Sharma, Adv.

    Ms. Kritika Sachdeva, Adv. Ms. Uzma Sheikh, Adv.

    Ms. Devanshi Singh, Adv.

    M/S. Cyril Amarchand Mangaldas Aor, AOR Ms. Amita Gupta Katragadda, Adv. Mr. Vikash Kumar Jha, Adv.

    Ms. Namrata Sadhnani, Adv.

    Mr. Nikhil Aradhe, Adv.

    Ms. Nayani Agrawal, Adv.

    Mr. Jawahar Raja, Adv.

    Mr. N. Sai Vinod, AOR

    Ms. Kanu Garg, Adv.

    UPON hearing the counsel the Court made the following

    O R D E R

    1. The Code on Social Security, 2020 has been formulated. It has received the President's assent on 29.09.2020. In Chapter IX of the Code, provisions have been made for ensuring social security for unorganized workers, gig workers and platform workers.

    2. We are informed that the rules/scheme relevant for the purpose of giving effect to the provisions of Chapter IX are still under consideration of the appropriate authority.

    3. Ms. Aishwarya Bhati, learned ASG seeks a week's time to update us on

    3

    the status of framing of the rules/scheme.

    4. Let an affidavit be filed by a responsible officer of the concerned department indicating the time line within the rules/scheme are/is likely to be framed and the Code given effect to.

    5. Re-list the writ petition after two weeks.

    (KANCHAN CHOUHAN) (SUDHIR KUMAR SHARMA)

    SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

    4

    ITEM NO.12 COURT NO.14 SECTION X

    S U P R E M E C O U R T O F I N D I A

    RECORD OF PROCEEDINGS

    Writ Petition(s)(Civil) No(s). 1068/2021 THE INDIAN FEDERATION OF APP - BASED TRANSPORT WORKERS, (IFAT) & ORS. Petitioner(s)

    VERSUS

    UNION OF INDIA & ORS. Respondent(s) (With IA No.123005/2021-EX-PARTE AD-INTERIM RELIEF; I.A. No. 123006/2021 - EXEMPTION FROM FILING AFFIDAVIT; I.A. No. 123005/2021 - EX-PARTE AD-INTERIM RELIEF; I.A. No. 123006/2021 - EXEMPTION FROM FILING AFFIDAVIT and I.A. No. 194532/2024- INTERVENTION

    APPLICATION)

    Date : 18-02-2025 This matter was called on for hearing today.

    CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) Dr. S. Muralidhar, Sr. Adv. Ms. Gayatri Singh, Sr. Adv.

    Ms. Nupur Kumar, AOR

    Mr. M.a. Karthik, Adv.

    Ms. Ninni Susan Thomas, Adv.

    Mr. Maitreya Subramaniam, Adv.

    Mr. Pallak Bhagat, Adv.

    For Respondent(s) Mrs. Aishwarya Bhati, A.S.G. Mr. Raj Bahadur Yadav, AOR

    Mr. Nitin Chowdhary Pavuluri, Adv. Mr. Abhijeet Pandove, Adv.

    Ms. Sweksha, Adv.

    Mr. Shashank Bajpai, Adv.

    Mr. Harish Pandey, Adv.

    Ms. Aishwarya Bhati, A.S.G.

    Mr. Amrish Kumar, AOR

    Mr. Nitin Chowdary Pavuluri, Adv. Mr. Abhijeet Pandove, Adv.

    Ms. Sweksha, Adv.

    Mr. Harish Pandey, Adv.

    Mr. Faisal Sherwani, AOR

    Mr. Aditya Vikram, Adv.

    Mr. Shikher Deep Aggarwal, Adv. Ms. Sanjukta Kaushik, Adv.

    5

    Mr. Paramjit Singh Patwalia, Sr. Adv. Mr. Ajit Kumar Sinha, Sr. Adv. Ms. Pritha Srikumar Iyer, AOR Mr. Arun Sri Kumar, Adv.

    Ms. Harshika Verma, Adv.

    Ms. Deveshi Chand, Adv.

    Mr. Atharv Gupta, Adv.

    M/S. Karanjawala & Co., AOR Mr. Mukul Rohatgi, Sr. Adv. Ms. Ruby Singh Ahuja, Adv. Mr. Karan Lahiri, Adv.

    Ms. Tahira Karanjawala, Adv. Mr. Arjun Sharma, Adv.

    Ms. Kritika Sachdeva, Adv. Ms. Uzma Sheikh, Adv.

    Ms. Devanshi Singh, Adv.

    M/S. Cyril Amarchand Mangaldas Aor, AOR Ms. Amita Gupta Katragadda, Adv. Mr. Vikash Kumar Jha, Adv.

    Ms. Namrata Sadhnani, Adv.

    Mr. Nikhil Aradhe, Adv.

    Ms. Nayani Agrawal, Adv.

    Mr. Jawahar Raja, Adv.

    Mr. N. Sai Vinod, AOR

    Ms. Kanu Garg, Adv.

    UPON hearing the counsel the Court made the following

    O R D E R

    1. The Code on Social Security, 2020 has been formulated. It has received the President's assent on 29.09.2020. In Chapter IX of the Code, provisions have been made for ensuring social security for unorganized workers, gig workers and platform workers.

    2. We are informed that the rules/scheme relevant for the purpose of giving effect to the provisions of Chapter IX are still under consideration of the appropriate authority.

    3. Ms. Aishwarya Bhati, learned ASG seeks a week's time to update us on the status of framing of the rules/scheme.

    6

    4. Let an affidavit be filed by a responsible officer of the concerned department indicating the time line within the rules/scheme are/is likely to be framed and the Code given effect to.

    5. Re-list the writ petition after two weeks.

    (KANCHAN CHOUHAN) (SUDHIR KUMAR SHARMA)

    SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

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    THE INDIAN FEDERATION OF APP - BASED TRANSPORT WORKERS, (IFAT) v. UNION OF INDIA
    (Feb 18, 2025)