SC seeks Centre's reply on plea for social benefits to 'gig workers' of Zomato, Swiggy, Ola, Uber

The Supreme Court on Monday asked the Centre to respond to a plea seeking social security benefits for "gig workers" employed by online food delivery, taxi aggregators, courier applications such as Ola, Uber, Zomato, Swiggy etc.

Senior advocates Indira Jaising and Gayatri Singh, appearing for the Indian Federation of app-based Transport Workers (IFAT), contended that at present these workers are not being provided with the benefit of social security under any of the labour legislations-organised or unorganised.

“Denial of the social security to the “gig workers” and the “platform workers” is an affront to the workers' right to life and right against forced labour that is secured by Articles 14, 21 and 23 of the Constitution," it added.

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The counsel sought a declaration that gig workers were entitled to protection as unorganised workers.

After hearing arguments in the matter, a bench headed by Justice L Nageswara Rao issued notice on the petition.

Jaising said that the drivers or delivery workers are actually workmen in the classical sense of the word.

She said that worldwide for Uber they have been considered as workers.

During the hearing, the court cited the new legislation Social Security Code 2020 passed by the Parliament last year has a chapter on the welfare of "gig workers".

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The counsel submitted that under existing law, the gig workers fell under the unorganised worker.

The plea, filed through advocate Nupur Kumar, said “The companies have been claiming that there exists no contract of employment and that their relationship with such workers are in the nature of the partnership. If such a claim were to be accepted, this would be inconsistent with the purpose of social-welfare legislations….”

It further contended that the companies, which owns the apps, exercise complete supervision and control over the manner and method of the work with those who are allowed to register on the said apps.

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