The Supreme Court has raised concerns over the delay in framing rules to implement the 2020 Social Security Code for gig workers. The Court has demanded a timeline from the Union Government for enforcement.
On February 18, 2025, the Supreme Court heard a petition filed by the Indian Federation of App-based Transport Workers (IFAT), which sought social security benefits from prominent companies like Zomato, Swiggy, Ola, and Uber. The petition addressed the delay in enforcing the 2020 Code, which remains largely unenforced due to the delay in framing its implementing rules.
Background of the Case:
- The 2020 Code on Social Security was introduced to extend coverage to unorganised workers, including gig workers.
- Despite the President's assent in September 2020, the rules under Chapter IX for gig workers' social securityare still not framed.
Hearing Proceedings:
- Senior Advocate Dr. S. Muralidhar, representing the petitioners, argued that while the 2025 Budgetacknowledged the rights of gig workers, it remains unclear whether the Unorganised Workers' Social Security Act of 2008 applies to them.
- Senior Advocate PS Patwalia, representing Swiggy, contested that this is the first time the petitioners have argued for coverage under the 2008 Act, while previously, they sought coverage under the 2020 Code.
- Dr. Muralidhar clarified that the 2020 Code had not yet been enforced and was waiting for the rules to be implemented.
Government's Response:
- Additional Solicitor General Aishwarya Bhati confirmed that the rules are under formulation for the 2020 Code.
Supreme Court's Questions:
- Justice Dipankar Datta expressed frustration over the three-year delay, asking, “Why four and a half years to make the Rules?”
- Justice Manmohan sarcastically remarked, “Only an astrologer can tell us when this new Code will come into force... Are you willing to make a concession that they are covered even under the 2008 Act?”
The Supreme Court has directed the Union Government to file an affidavit and indicate a clear timeline for when these rules will be framed and put into effect. The matter will be heard again in two weeks.
Case Title: THE INDIAN FEDERATION OF APP -BASED TRANSPORT WORKERS, (IFAT) & ORS v. UNION OF INDIA & ORS.|Writ Petition(s)(Civil) No(s). 1068/2021
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