The Supreme Court has directed the Centre to file an affidavit detailing the time frame within which it planned to implement the rules or scheme outlined in the Code on Social Security, 2020.

The Code seeks to consolidate 29 central laws related to the welfare of the labour sector, including the unorganised workforce such as gig workers.

The Centre has so far not issued a formal gazette notification for the implementation of the Code, which was passed in 2020.

“The Code on Social Security, 2020, has been formulated. It has received the President’s assent on September 29, 2020. In Chapter IX of the Code, provisions have been made for ensuring social security for unorganised workers, gig workers and platform workers. We are informed that the rules/scheme relevant for the purpose of giving effect to the provisions of Chapter IX are still under consideration of the appropriate authority,” a bench of Justices Dipankar Datta and Manmohan said in a written order uploaded on Thursday.

“Let an affidavit be filed by a responsible officer of the concerned department indicating the timeline within the rules/scheme are/is likely to be framed and the Code given effect to re-list the writ petition after two weeks,” the bench added after additional solicitor-general Aishwarya Bhati, appearing for the Centre, sought a week’s time to update the court on the status of the rules/scheme.

The bench passed the order while dealing with a writ petition filed by The Indian Federation of Application-based Transport Workers (IFAT) complaining about the delay in the implementation of the Code that would offer them job security and better working conditions.

The Code formulated by the ministry of labour and employment introduced four bills to consolidate 29 central laws. These codes regulate wages, industrial relations, social security, and occupational safety, health and working conditions.

The Code, among other things, also allowed for compounding (out-of-court settlement) of offences, which were not punishable with imprisonment, subject to certain conditions.

It was passed by the Lok Sabha on September 19, 2020, and the Rajya Sabha on September 23, 2020, amid the Covid-19 pandemic.

According to legal analysts, the Centre is wary of implementing the new Code fearing protests from the labour and industrial sectors against the provision for out-of-court settlement.