NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR (NCC-CL) versus UNION OF INDIA AND ORS.

Citation: [2018] 9 S.C.R. 204 · Decided: 19-03-2018 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Directions issued

Cited by 1 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 9 S.C.R.
NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL
LEGISLATION ON CONSTRUCTION LABOUR (NCC-CL)
v.
UNION OF INDIA AND ORS.
(Writ Petition (Civil) No. 318 of 2006)
MARCH 19, 2018
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 – Building and
Other Construction Workers’ Welfare Cess Act, 1996 –
Implementation of the Acts – BOCW Act and Cess Act are social
legislations – They were enacted keeping in mind the Directive
Principles of State Policy, particularly Art.39 which requires the
State to direct its policy to secure the health and strength of workers,
and Art.42 which concerns just and humane conditions of work –
However, neither State Government nor Union Territory
Administration (UTA) were willing to fully adhere to abide by two
above mentioned laws enacted by Parliament and even the directions
issued by the Government of India had been disregarded by the
State Governments and UTAs – Specific directions issued: (i) Ministry
of Labour and Employment, the State Governments and UTAs to put
in place and strengthen the registration machinery, both for
registration of establishments as well as registration of construction
workers – (ii) Ministry, the State Governments and UTAs to establish
and strengthen the machinery for collection of cess – (iii) Ministry
of Labour and Employment to frame a composite Model Scheme for
benefit of construction workers in consultation with all stakeholders
including NGOs actually working at the grassroots level with
construction workers – (iv) State Governments and the Welfare
Boards in every State and UTA to conduct a social audit on
implementation of the BOCW Act so that in future there is better and
more effective and meaningful implementation of the BOCW Act –
Apart from the said specific directions some general directions also
passed so that the BOCW Act is fully implemented with responsibility
– Constitution of India – Arts. 21,39 and 42.
[2018]  9  S.C.R. 204
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Issuing the directions, the Court
HELD: 1. There can be no doubt that the Building and other
Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 (BOCW)  and its sister
legislation, the Building and Other Construction Workers’
Welfare Cess Act, 1996 (Cess) are social justice legislations.
They were enacted keeping in mind the Directive Principles of
State Policy, particularly Article 39 of the Constitution which
requires the State to direct its policy to secure the health and
strength of workers and Article 42 of the Constitution concerning
just and humane conditions of work.  In addition, Article 21 of
the Constitution cannot be forgotten. A life of dignity is a
fundamental right given to all persons and that includes
construction workers. It is in this background that the two welfare
and beneficent legislations must be understood and appreciated.
[Para 63] [239-F-H]
2. The Statement of Objects and Reasons for the BOCW
Act refers to 8.5 million construction workers (85 lakhs) in 1995-
1996. They were the vulnerable section of society who needed
the support of the State for their safety, health and welfare. They
have been consistently let down by the State and even directions
given by this Court and by the Ministry of Labour and Employment
has not brought about any substantive change.  The task before
the State - to effectively implement the laws enacted by Parliament
for the benefit and welfare of a vulnerable section of society is
enormous, and as the progression in the case shows, the State
might well be unable to live up to the expectations of Parliament
unless there is a strong will to bring about a positive change.
State apathy in a situation such as this virtually amounts to
exploitation of the construction workers, and if the State turns
exploitative, there is little hope for vulnerable sections of society.
[Para 64] [240-A-B; C-D]
Specific Directions
3. First direction, therefore, is to the Ministry of Labour
and Employment, the State Governments and the UTAs to put in
place and strengthen the registration machinery, both for the
registration of establishments as well as registration of
NATIONAL CAMPAIGN COMMITTEE (NCC-CL) v.
UNION OF INDIA
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SUPREME COURT REPORTS
[2018] 9 S.C.R.
construction workers. This should be done within a specified time-
frame to be d

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