Whether the persons recruited from an outside State. Directly will be 'migrant workmen' and entitled to the benefits?
Yes. The persons who are recruited from outside State by or through old workers already working would be 'interstate migrant workmen'. Even when thekedar or jamadar recruits or employs workmen for the employer by sending word through the 'old hands' the workmen so recruited or employed would he 'inter-state migrant workmen,' because the 'old hands' would be really acting as agents of the thekedar or jamadar for the purpose of recruiting or employing workmen. Such an 'inter-state migrant workman' would, in addition to the rights and benefits conferred upon him under the Inter-State Migrant Workmen Act and the Rules, be also entitled to the benefit of the provisions contained in Workmen's Compensation Act, 1923, Payment of Wages Act, 1936, Employees' State Insurance Act, 1948, Employees' Provident Fund and Miscellaneous' Provisions Act, 1952 and Maternity Benefits Act, 1961 by reason of section 2I, of the Act.
Reference:
Bandhu Mukti Morcha vs. UOI and Ors., 1984(3) SCC(L&S) 389
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