By TRN Online, Kathmandu, June 16: The Supreme Court (SC) has ordered the government to rescue Nepali migrant workers stranded abroad who are not able to afford the return fare on their own free of cost. 

On June 15, during the final hearing of writ petition filed by advocate Som Prasad Luitel, the apex court ordered the government to evacuate those migrant workers who were not able to bear the air-fare by mobilising the 'Foreign Employment Welfare Fund' on the basis of their nature of work and income level.

The SC had issued an interim order on April 16 to rescue the Nepalis working abroad, taking into consideration their life, health and security in line with the World Health Organisation (WHO) standards.

SC further issued order relating to rescuing Nepali workers, 2077 on May 25 to ease their evacuation. Section 7(c) of the order specified that if the return-fare of the labourers wasn’t borne by any other sources, it should be borne by the labourers themselves.

This provision is against section 32, 33 and 74 of Foreign Employment Act, 2064 and rule 26 of Foreign Employment Rule, 2064, the SC said in its verdict on Monday.

Article 51 of the Constitution also ensures security of Nepalis working aborad.

Highlighting Section 75 of the Act, the joint bench of Justices Dr Anandamohan Bhattarai and Hari Prasad Phuyal ordered the government to repatriate stranded Nepali nationals in foreign lands by using the foreign employment welfare fund, which is established under the same Act.

Section 75 states that if any Nepali workers were to be immediately brought back to Nepal due to war, epidemic, natural calamity in the host country, the Government shall make arrangements to repatriate such workers through diplomatic mission or Labor Attaché.

"A course of action should be created for using the welfare fund in consultation with writ applicants and stakeholders to create a balance between expectations of the beneficiaries (migrant workers) and lawful utilisation of the fund while rescuing the Nepalis stranded abrad," the SC said.