Construction Workers Also Assist In Building The Nation, In Their Own Way: SC Issues Important Directives [Read Judgment]

There is a total lack of concern and apathy on the part of the powers that be in doing anything substantial for the benefit of construction workers. This is indeed an extremely sorry state of affairs that puts a Shakespearean tragedy to shame, the court said.Imparting a ‘symbolic justice’ to millions of construction workers in the country, the Supreme Court has given certain directives with regard to implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (the BOCW Act) and the Building and Other Construction Workers‘ Welfare Cess Act, 1996 (the Cess Act).The court, in the beginning of the judgment, disposing of a writ petition filed in 2006 filed by the National Campaign Committee for Central Legislation on Construction Labour, observed: “Symbolic justice – there is nothing more to offer to several millions of construction workers in the unorganized sector – not social justice, not economic justice. The reason is quite simple. No State Government and no Union Territory Administration (UTA) seems willing to fully adhere to and abide by (or is perhaps even capable of fully adhering to and abiding by) two laws solemnly enacted by Parliament, namely, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (the BOCW Act) and the Building and Other Construction Workers’ Welfare Cess Act, 1996 (the Cess Act).”Expressing its dissatisfaction, the bench comprising Justice Madan B Lokur and Justice Deepak Gupta observed that directions given by the apex court from time to time to implement the two laws have been ‘flouted with impunity’.The bench also said: “We have been informed that under the Cess Act, more than Rs. 37,400 crores have been collected for the benefit of construction workers, but only about Rs. 9500 crores have been utilized ostensibly for their benefit. What is being done with the remaining about Rs. 28,000 crores? Why is it that construction workers across the country are being denied the benefit of this enormous amount? These are some questions that arise in this petition – are the answers blowing in the wind?”The bench observed that a decision will have to be taken by the Union of India on the gainful utilization of the cess already collected so that the Welfare Boards are not unjustly enriched – the beneficiaries having unfortunately lost out.The bench also took note of the fact that, not a single state advisory committee, anywhere in the country held a single meeting during the previous 12 months. “This is a clear indication that there is a total lack of concern and apathy on the part of the powers that be in doing anything substantial for the benefit of construction workers. This is indeed an extremely sorry state of affairs that puts a Shakespearean tragedy to shame,” the bench observed.Specific Directives to Ministry of Labour and Employment, State Governments and UTAs To put in place and strengthen the registration machinery, both for the registration of establishments as well as registration of construction workers. To establish and strengthen the machinery for the collection of cess. To frame one composite model scheme for the benefit of construction workers in consultation with all stakeholders, including NGOs, who are actually working at the grassroots level with construction workers. While there is an urgency in framing such a Model Scheme, we would caution the Ministry of Labour and Employment to make haste slowly and to prepare a Model Scheme that is comprehensive and can easily be implemented, is pragmatic and does not involve too much paperwork, the bench said. To conduct a social audit on the implementation of the BOCW Act so that in future there is better and more effective and meaningful implementation of the BOCW Act.General directions Every state government and UTA shall constitute a state advisory committee, if not already constituted, and that state advisory committee shall meet regularly for conducting its business. It may be mentioned that Rule 20 of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Central Rules, 1998 provides that the central advisory committee shall meet at least once in six months. This could be used as a good guideline for meetings of the state advisory committee. Every state government and UTA shall constitute an Expert Committee and frame statutory Rules under Section 62 of the BOCW Act if such statutory Rules have not already been framed. Setting up an expert committee and framing statutory rules should be in a time-bound manner, with the exercise being completed preferably within six months and in any event by 30th September 2018. The state governments and UTAs must appoint registering officers for registration of establishments and construction workers. This is a critical aspect of the implementation of the BOCW Act as well as the Cess Act. Every state government and UTA should...

Construction Workers Also Assist In Building The Nation, In Their Own Way: SC Issues Important Directives [Read Judgment]

Ashok K.M

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