Delhi High Court Orders Maximum Registration Of Construction Workers Under 1996 Law, Calls For Simpler Renewal Process

The Delhi High Court has directed the Member Secretary of the Building and other Construction Workers Welfare Board to take proactive steps to ensure that maximum number of construction workers in the national capital are registered under the Building and Other Construction Workers Act, 1996.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that steps should be taken to ensure that renewal and registration process is made simple and all help is extended to illiterate workman in getting himself or herself registered.

The court was dealing with a PIL filed by a social activist, Sunil Kumar Aledia, seeking registration of all construction workers in Delhi under the Act. The plea claimed that the rights of the construction workers are being violated due to their non-registration and lack of access to social welfare schemes.

During the hearing on January 04, the Member Secretary of the Board was personally present in court and submitted that a total of 83,066 construction workers are registered at present with the Board.

The court observed that the number was “abysmally low”, keeping in view the volume of construction being undertaken in Delhi.

“It is pertinent to mention that though the total number of registered workers under the Act till date stands at 1354029, the membership of 1270963 workers has lapsed,” the court noted.

It directed the Member Secretary to obtain instructions as to whether a 2015 office order, wherein the registration of construction workers is permissible for three years, can be implemented instead of annual renewal which is presently being insisted.

“To ensure maximum coverage under the said Act, the Member Secretary as well as learned counsel for the petitioners and Applicant in CM APPL. 410/2024 are directed to file a joint note of suggestions within a week,” the court said while listing the matter next on February 01.

“The Member Secretary is directed to be personally present in Court on the next date of hearing,” the court said.

The petition highlighted that the construction workers are denied their right to social welfare schemes due to non-implementation of the provisions of the Building and Construction Workers (Regulation of Employment and Conditions of Service) Act, and the Building and Construction Workers Welfare Cess Act.

Counsel for Petitioner: Mr. Avi Singh, Mr. Shikhar Garg, Mr. Ashutosh Jain and Ms. Ananya, Advocates

Counsel for Respondents: Mr. Abhay Dixit, Mr. Akhilesh Dixit, Advocates with Mr. Arun Kr. Jha, Secretary, Board; Ms. Beenashaw Soni, SC, MCD with Ms. Mansi Jain and Ms. Ann Joseph, Advocates. Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr. Kartik Baijal, Ms. Shreya V. Mehra, Ms. Vidhi Jain and Mr. Varun Pratap, Advs; Ms. Shyel Trehan, Mr. Chirayu Jain and Mr. Rohan Poddar, Advs for Intervenor NCC-CL

Title: SUNIL KUMAR ALEDIA v. GOVT. OF NCT OF DELHI & ORS

Citation: 2024 LiveLaw (Del) 19

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