NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR versus UNION OF INDIA & ORS.

Citation: [2011] 3 S.C.R. 889 · Decided: 15-03-2011 · Supreme Court of India · Bench: S.H. KAPADIA, K.S. RADHAKRISHNAN, SWATANTER KUMAR · Disposal: Disposed off
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Judgment (excerpt)

(2011] 3 S.C.R. 889 
NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL 
A 
LEGISLATION ON CONSTRUCTION LABOUR 
v. 
UNION OF INDIA & ORS. 
Contempt Petition Nos. 42 & 43 of 2011 
IN 
B 
Writ Petition (Civil) No. 318 of 2006 
MARCH 15, 2011 
[S.H. KAPADIA, CJ!., K.5. RADHAKRISHNAN AND 
SWATANTER KUMAR, JJ.] 
.. C 
Constitution of India, 1950 - Article 32 - Writ petition 
under - Seeking implementation of the Building and Other 
Construction Workers (Regulations of Employment and 
Conditions of Service) Act, 1996 and Building and Other o 
Construction Workers' Welfare Gess Act, 1996; and seeking 
directions to establish the Welfare Boards, collect cess, 
complete the registration and grant benefits to the 
beneficiaries -
Also prayer made that the· rules and 
regulations relating to the health, safety and welfare of the 
E 
workers, mainly fhP workers engaged in construction activity 
should be framed and safety equipments be provided -
Union of India and all 36 States/Union Territories impleaded 
as party-respondents to the petition - Issuance of various 
orders and directions by the Court requiring the respective 
F 
States to implement the provisions of the Act -
Status 
reports and affidavits filed on behalf of the respondents 
showing non-compliance of the statutory duty and functions 
by th(! appropriate Governments as also non-implementation 
of the provision of the Act in their entirety -
Contempt 
petition filed by the petitioner alleging that the respondents 
G 
have disobeyed the orders of Supreme Court for a long 
period, despite directions of the Supreme Court - In the 
circumstances, Supreme Court issuing notice to show cause 
889 
H 
890 
SUPREME COURT REPORTS 
[2011) 3 S.C.R. 
A why proceedings under the Contempt of Courts Act, 1971 be 
not initiated against the respondents in Contempt Petitions 
- Also issuing directions to the officers of the respective/ 
appropriate Governments to be present in the Court on the 
next date of hearing - Building and Other Construction 
B Workers (Regulations of Employment and Conditions of 
Service) Act, 1996 -
Building and Other Construction 
Workers' Welfare Gess Act, 1996 - Contempt of Courts Act, 
1971. 
' 
C 
CIVIL ORIGINAL JURISDICTION : Contempt Petition Nos. 
42&43of2011. 
IN 
Writ Petition (Civil) No. 318 of 2006 
D 
Under Article 32 of the Constitution of India. 
WITH 
I.A. No. 6 of 2001 in W.P. (C) No. 318 of 2006. 
E 
Vivek K. Tankha, ASG, Colin Gonsalves, P.P. Malhotra, 
A. Mariarputham, AG, Dr. Manish Singhvi, Manjit Singh, 
Jayshree Anand, AAG, Tariq Abeed, Jyoti Mendiratta, Riku 
Sharma, Navnit Kaur (for Corporate Law Group), Arun K. 
Sinha, Sunita Sharma, Manpreet Singh Doabia, S.S. Rawat, 
F S.W.A. Qadri, Saima Bakshi, Gargi Khanna, Shailendra Saini, 
A. Deb Kumar, D.S. Mahra, Anil Katiyar, S.N. Terdal, Nandini 
Gore, Gopal Singh, Rituraj Biswas, Manish Kumar, B.S. 
Banthia, Naveen Sharma, Jatinder Kumar Bhatia, T.V. George, 
Radha Shyam Jena, Ranjan Mukherjee, 0. Bharathi Reddy, 
G Sanjay V. Kharde, Asha Gopalan Nair, Pragyan P. Sharma, 
P.V. Yogeswaran, Hemantika Wahi, Nupur Kanungo, Anil 
Shrivastav, Rituraj Biswas, Khwairakpam Nobin Singh, 
Sapam Biswajit Meitei, Aruna Mathur, Yusuf Khan, Avneesh 
Arputham, Megha Gour (Arputham, Aruna & Co.), Naresh K. 
H 
NATIONAL CAMPAIGN COMMITIEE FOR CENTRAL 
891 
LEGISLATION ON CONST. LABOUR v. UNION OF INDIA 
Sharma, Radha Rangaswamy, Anil K. Jha, Chhaya Kumari, 
A 
Anis Suhrawardy, Tara Chandra Sharma, Neelam Sharma 
Kamini Jaiswal, T. Harish Kumar, Devanshu Kumar Devesh, 
Milind Kumar, Balaji Srinivasan, Sanjay R. Hegde, A. 
Subhashini, Atul Jha, D.K. Sinha, J. K. Bhatia, Savitri Pandey, 
Shrish Kumar Misra, V.G. Pragasam, S. J. Aristotle, Prabu 
B 
Rama Subramanian, Edward Belho, K. Enatoli Serna, Sunil 
Fernandes, Renu Gupta, Sidhan Geol, Vivekta Singh, Kamal 
·Mohan Gupta, G.N. Reddy, \/. Pattabhi Ram Vadrevu, R. 
Satish, S. Geetha, Ajay Pal, D. Mahesh Babu, Ramesh Allanki 
for the appearing parties. 
c 
The following Order of the Court was delivered 
ORDER 
By this common order, we shall deal with IA No.6 in WP o 
No.318 of 2006 and Contempt Petition Nos.41 and 42 of 
2011. 
In this petition under Article 32 of the Constitution of India 
the petitioner inter a/ia prayed for issuance of a writ of 
mandamus or any other appropriate writ or direction directing 
E 
the respondents to forthwith implement the Building and Other · 
Construction Workers (Regulations of Employment and 
Conditions of Service) Act, 1996 (he
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