Chaini Parwani –
Published On: December 13, 2021 at 17:30 IST
The Supreme Court on Monday acknowleged to hear a Petition by gig workers arguing Infringement of Fundamental Right to Social Security by aggregator applications such as Zomato, Swiggy, Ola, and Uber.
A Bench comprising of Justice L Nageswara Rao and Justice BR Gavai issued notice to Zomato, Swiggy, Ola and Uber, seeking their response on the Petition submitted by the ‘Indian Federation of App Based Transport Workers (IFAT)’.
The Petition by IFAT alleges an Employer-Employee Relationship between Workers and platforms.
Senior Advocate Indira Jaising, representing IFAT stated “We seek a declaration that the drivers or delivery workers are actually workmen in the classical sense of the word. Worldwide for Uber they have been considered as workers. The UK Supreme Court analysed the contract (between Uber and the employee) that this is only a subterfuge and the real relation is that of employee and employer.”
The Petition claims that these companies violated rights by denying to recognise them as ‘workers’ under Social Security Laws.
IFAT, in its plea, has prayed for recognition of gig workers as ‘unorganized workers’ under Unirganised Workers Social Security Act and cash transfers worth Rs 1175 per day from the companies till the Pandemic subsides.
The Court posted the Matter for a Hearing in January 2022.
Also Read: What is the Negligence committed by Restaurants and Delivery Persons?
Supreme Court rules in favour of Uber and Ola, says they are not acting as cartel