NATIONAL CAMPAIGN COMMTT.,C.L.LABOUR versus UNION OF INDIA & ORS.

Citation: [2009] 2 S.C.R. 978 · Decided: 13-01-2009 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Hearing Adjourned
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[2009] 2 S:C.R. 978 
NATIONAL CAMPAIGN COMMTT.,C.L.LABOUR 
v 
UNION OF INDIA & ORS. 
Writ Petition(c) No.318 of 2006 
JANUARY 13, 2009 
(K.G. BALAKRISHNAN,CJI, P. SATHASIVAM AND J.M. 
PANCHAL, JJ) 
- ·Building and Other Construction Workers (Regulation of 
Employment and Conditions of Service) Act, 1996: 
Compliance with provisions of the Act- Chief Secretaries 
and Secretaries (Labour) of States and Union Territories 
directed to take timely steps as per provisions of the Act - Delhi 
Building and Other Construction Workers (Regulation of 
Employment and Conditions of Service) Rules, 2002 may be 
taken as a model for the purpose of the Act - Appraisal report 
to be submitted to Court in first week of May, 2009. 
CIVIL ORIGINAL JURISDICTION : Writ Petition(c) No.318 
of 2006 
UNDERARTICLE 32 OF THE CONSTITUTION OF INDIA 
Manjit Singh AAG, Haryana (for T.V. George), Amarendra 
Sharan, ASG., Colin Gonsalves, Alban toppo, Jyoti Mendiratta, 
AmitAnand Tiwari, S.N.Terdal, Riku Sharma, M. Dutta, (for M/S 
F 
Corporate law Group), Arun K. Sinha, Anil k. Jha, Manoranjan 
Kumar Jha, S.M. Imam, TarbezAhmad, Anis Suhrawardy, Gopal 
Singh, Manish Kumar, Rituraj Biswas, Hemantika Wahi, Momta 
Tushir, Kamini Jaiswal, Naresh K. Sharma, A. Subhashini, 
Radha Ranqaswamy, K.N. Madhusoodhana, R. Sathish, Shrish 
G 
Kumar Mishra, Tara Chandra Sharma, Neelam Sharma, Aruna 
·Mathur, P. Parameshwaran, (for M/S Arputham, Aruna & Co.), 
Sunita Sharma, D.S. Mahra, Ranjan Mukherjee, D. Bharathi 
Reddy, B.S. Banthia, Khwairakpam Nobin Singh, Radha Shyam 
Jena, Nandini Gore, Anil -Shrivastav, Sanjay V. Kharde, Asha 
H 
978 
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NATIONAL CAMPAIGN COMMTT.,C.L.LABOUR V. 
979 
UNION OF INDIA & ORS. 
Gopalan Nair, Jatinder Kumar Bhatia, Edward Belho, Rituraj A 
~ 
Biswas, R. Nedumaran, P. Soma Sundaram, V.G. Praqasam, 
S.L. Aristotle, Prabhu Rama Subramanian, with them for the 
appearing parties. 
The Order of the Court was delivered by 
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K.G. BALAKRISHNAN, CJI, 
The Building and Other Construction Workers (Regulation 
of Employment and Conditions of Service) Act, 1996 (for short 
'The Act'), was passed by the Parliament and in this writ petition 
it is alleged that many of the provisions of the enactment are not c 
put in practice and the respective authorities have not complied 
with tpe statutory provisions. All the State Governments and Union 
territories are impleaded as parties in this writ petition. The Act 
is intended to benefit the unorganized workers in the construction 
sector. Under Section 6 of the Act, the appropriate Government D 
has to appoint registering· officers and under Section 7 of the 
Act every employer shall register their establishment. The 
building workers are given various benefits and in order to 
enable the wor~ers to avail the benefits, each State has to 
constitute a State Welfare Board. The Board shall consist of a 
Chairman nominated by the Central Government, and such other E 
Members, not exceeding 15, as may be appointed by the State 
Government. The Board shall appoint a Secretary as its Chief 
Executive Officer. 
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Under Section 22 of the Act, the Board may provide F 
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immediate assistance to the.beneficiaries in case of accident, 
and also pay. compensation to those workers who had 
cempleted the age of.sixty years. The Board may also sanction 
loans and advances to the beneficiaries and also to give finandal 
assistance for the education of children of the beneficiaries and 
also to give the benefit of group insurance schemes. The Board G 
can also grant maternity benefit to the female beneficiaries. A 
construction welfare fund has to be constituted and there are 
other provisions also to· regulate the conditions of service of 
construction workers. There are also provisions to take care of 
... 
the s~fety and health conditions of the workers. in order to H 
980 
SUPREME COURT REPORTS 
[2009] 2 .S.C.R. 
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implement. the provisions there .shall be inspecting staff and 
certain penal provisions are also in the Act to punish those who 
act in violation of the .provisions of enactment. 
The Parliament has also passed the Building and· Other 
Construction Workers Welfare Gess Act; 199.6 for the purpose 
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of levy and collection of cess and Section 3 of the Act envisages 
that- there shall be levied and collected a cess for the purposes 
·of the Building and Other Con'structiori Workers (Regulation of 
.. Employment an.d Conditions of Ser\tice)Act, 1996, at slich rate 
not exc
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