Supreme Court Rules Platform Workers Cannot Be Removed Without Redressal System: A Milestone for Gig Economy Rights

In a groundbreaking judgment that could reshape India’s gig economy, the Supreme Court has ruled that digital platform workers such as delivery agents, cab drivers, and service freelancers cannot be arbitrarily removed or “deactivated” from the platform without a proper grievance redressal mechanism. The Court held that such actions violate principles of natural justice, and reaffirmed the need to recognize platform workers as part of the evolving labor force.

This ruling comes amid rising tensions between gig workers and the digital platforms they work for, including Zomato, Swiggy, Uber, Ola, Urban Company, and others, which often control worker access via opaque algorithms and user ratings.

Background: The Rise of the Platform Worker

India has seen an explosive growth in gig and platform-based work over the past decade. An estimated 7.7 million workers currently earn their livelihood by working on app-based platforms. These include:

  • Food and grocery delivery personnel
  • Ride-hailing drivers
  • Freelance repair and beauty service providers
  • Warehousing and logistics gig workers

While marketed as “partners” or “independent contractors,” these workers often face:

  • Arbitrary deactivation of their accounts based on customer complaints
     
  • Lack of notice, explanation, or appeal
     
  • No access to employment benefits, job security, or minimum wages
    • All platform companies must have a structured and accessible grievance redressal mechanism for workers facing removal, rating penalties, or pay disputes.
       
    • Workers must be notified with reasons before being permanently deactivated.
       
    • There must be an internal appeal or review process, where workers can contest decisions.
       
    • Platforms must disclose if automated systems or algorithms played a role in punitive decisions, and offer human review mechanisms.
       
    • Practices like invisible de-prioritization, where workers are not removed but stop receiving gigs, are prohibited unless preceded by fair notice.
       
    • The Court recognized that for many workers, these platforms are not side gigs, but primary income sources, and thus merit constitutional protection under Article 21 (right to livelihood).

Multiple worker unions and rights groups had approached the Court citing unfair practices, digital exploitation, and lack of accountability by platform companies.

What the Supreme Court Ruled

A three-judge bench led by Justice D.Y. Chandrachud, along with Justices B.V. Nagarathna and P.S. Narasimha, issued a unanimous verdict stating:

“In a platform-mediated work arrangement, workers cannot be denied the right to be heard merely because their employment is digital. Due process must follow every deactivation.”

Key Takeaways from the Judgment:

  1. Mandatory Grievance Redressal System
  2. Right to Explanation and Appeal
  3. Algorithmic Accountability
  4. Prohibition on Arbitrary “Shadowbanning”
  5. Recognition of Platform Work as Livelihood

Implications of the Ruling

1. Stronger Worker Protection

This ruling safeguards the dignity and livelihood of millions of workers who depend on platforms for daily income.

2. Push for Labor Code Reform

The verdict is likely to influence the implementation of the Social Security Code, 2020, which already provides for some protections to gig and platform workers—including accident insurance and social security—but has remained under-enforced.

3. Corporate Policy Changes

Platforms will now be compelled to:

  • Set up transparent disciplinary protocols
     
  • Maintain logs of complaints, investigations, and actions taken
     
  • Offer workers a channel to appeal or explain their side

Many companies may also need to revise their terms of service, which currently allow unilateral removal of gig workers.

Worker Reactions

Gig worker unions across India have hailed the verdict as a historic breakthrough.

Shaikh Imran, a leader with the Indian Federation of App-based Transport Workers (IFAT), said:

“For years, we’ve been treated like machines—punished by ratings, removed without notice. The Supreme Court has finally recognized that app workers are human, not algorithms.”

Many workers hope this ruling will be followed by mandatory insurance, fair wages, and right to unionize, which remain grey areas in platform labor law.

Corporate Response

While the ruling has sparked concern among platform operators, some have responded cautiously, stating they are open to reforms.

A spokesperson from a leading food delivery platform said:

“We are studying the judgment. Our aim has always been to balance customer service with fair treatment for our delivery partners. We will work towards strengthening our internal systems in line with the Court’s guidance.”

Others have sought government intervention to clarify implementation timelines, especially for smaller startups that may not yet have grievance structures in place.

What Comes Next

Following the judgment, the Supreme Court has directed:

  • The Ministry of Labour and Employment to issue guidelines within 3 months
     
  • Platforms to report compliance status on grievance redressal systems
     
  • High Courts to monitor petitions related to wrongful termination or worker removal

It is expected that the decision will also influence future regulations related to AI-driven employment, platform governance, and data transparency.

 A Victory for Invisible Workers

The Supreme Court’s ruling marks a watershed moment in India’s labor jurisprudence, bringing long-awaited protections to a workforce that has powered the digital economy from behind the scenes. In declaring that workers must be heard before they are digitally erased, the Court has not just enforced procedure—it has restored dignity to a new class of labor.

As the nature of work evolves, this verdict sends a powerful message: Rights don’t stop at the app screen. They begin there.

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