Cannot deny gig workers' rights under guise of policy decision: SC tells govt

The Supreme Court on Tuesday told the Union government that labour and social security rights for gig workers and app-based service providers cannot be denied under the guise of a "policy decision" if a statutory regime provides for such protections.

- Abraham Thomas

A bench comprising justices Dipankar Datta and Prashant Kumar Mishra expressed displeasure over Centre's delay in filing a response to a 2020 petition seeking social security measures, including insurance, provident fund, gratuity, maternity benefits for gig workers.

Granting a final opportunity to file a response by December 17, the bench said: "This is a petition pending since 2021. They are seeking implementation of statutory provisions. Why have you not filed any response till date."

A lawyer appearing for the Centre pointed out that since the matter involves a "policy decision", they would require some more time. Taking exception to this explanation, the bench responded: "There is a submission by the petitioner that there are statutory provisions and regulations that you must comply with. Is it your submission that you will take a 'policy decision' whether to comply with the statutory provisions or not? How can that be?"