Case Note & Summary
The case involved a writ petition filed by the National Campaign Committee for Construction Labour against the Union of India and other respondents, alleging non-compliance with the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. The Act aims to benefit unorganized workers in the construction sector by mandating the appointment of registering officers, the establishment of State Welfare Boards, and the provision of various benefits including financial assistance and maternity benefits. The petition highlighted that many State Governments had failed to implement the Act's provisions, such as constituting the necessary boards and committees, and passing on the collected cess benefits to the workers. The Delhi Government had framed rules under the Act, which could serve as a model for other states. The Supreme Court directed all Chief Secretaries and Labour Secretaries of the respective States and Union Territories to comply with the Act's provisions and submit an appraisal report by the first week of May 2009. The court emphasized the urgency of these actions to ensure that the benefits of the legislation were not wasted, thereby protecting the rights of unorganized construction workers.
Headnote
A) Labour Law - Implementation of Welfare Legislation - Compliance with Statutory Provisions - Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Sections 6, 7, 22 - The court addressed the non-implementation of various provisions of the Act by State Governments and Union Territories, directing them to take timely steps to ensure the benefits reach the unorganized workers in the construction sector. Held that urgent measures are necessary to prevent the benefits of the Act from going waste (Paras 1-4).
Issue of Consideration
Whether the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 are being implemented by the State Governments and Union Territories.
Final Decision
The Supreme Court directed all State Governments and Union Territories to take timely steps to implement the provisions of the Building and Other Construction Workers Act, ensuring that the benefits reach the unorganized workers. An appraisal report was to be submitted by the first week of May 2009 regarding the actions taken.
Law Points
- Regulation of Employment
- Conditions of Service
- Welfare Board
- Cess Collection
- Compliance with Statutory Provisions
