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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. ______ OF 2006
IN THE MATTER OF: - |
NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL
LEGISLATION ON CONSTRUCTION LABOUR (NCC-CL)
THROUGH ITS CO-ORDINATOR,
SUBASH BHATNAGAR,
B-19, SUBHAVANA NIKETAN,
PRITAM PURA, |
| DELHI-34. |
…PETITIONER |
| VERSUS |
| 46.. |
It has been found that in the implementation of the above Acts there was a lopsided pattern in adopting the Acts by different States, unfair differences in State specific instruments for setting up welfare and regulatory mechanisms like Construction Workers Welfare Board and the lack of enthusiasm in implementing the Cess Act. |
| 0. |
The Central Government is the largest employer as public constructions like dams, bridges, roads, and public buildings make up the major share of expenditure in this industry. According to various studies about 70% total construction in India is from public funds of various government agencies. TheCentral Government has been clearly escaping the Central Law since its enactment. It is submitted that in various state the Labour Department is collecting the cess but is not interested since they are not the authorities to utilize this amount, as the amount collected cess has to be given to the Construction Workers Welfare Board constituted under the Act. The collection of Cess by labour department instead of the local Authority is contrary to the provision under the Cess Act. It is submitted that the authority for the collection of cess should be with the construction project sanctioning authority to whom the construction projects and the construction estimates are submitted for approvals. Otherwise the labour department would not be able to track all the construction projects sanctioned and approved by the concerned authorities for collection of cess. |
| 1. |
It is found from the studies of most countries that even in the best-regulated countries the numbers of inspectors are too few to provide day-to-day surveillance on site, even were it their job to do so. Further, will the delay in promulgating Rules under the Main Act stand in the way of collecting Cess under the Cess Act. It is submitted that Cess is to be collected, with retrospect effect from 3.11.1995, when the Rules under the Cess Act was enacted. Section 3 (3) of the Cess Act stipulates that the Cess collected should be made over to the Board (set up under Section 18 (1), of the said Act.); notwithstanding the delay in setting up the Boards by various States/ Union Territories, the Cess is to be collected by the local body concerned and kept in deposit by the State Government/ Union Territories until the Board is constituted when the amounts can be transferred to the Board. It is humbly submitted that there can be no justification for not collecting the Cess, authorized by Statute. Even on a modest estimate the amount of the Cess so far left uncollected by States/Union Territories runs into thousands of crores, this amount legitimately belongs to the construction workers, which is to be used for their welfare and social security |
| 2. |
It is mandatory that the rules and regulations provide for general duties of clients, designers, engineers and architects to take into consideration the safety and health aspects in the designing of buildings, structures or construction projects. Further the workers should have the right and the duty at any workplace to participate in ensuring safe working conditions to the extent of their control over the equipment and methods of work and to express views on working procedures adopted as they may affect safety and health. It is submitted that the workers should have the right to obtain proper information from the employer regarding safety and health risks and safety and health measures related to the work processes. This information should be presented in forms and languages, which the workers easily understand. It is stated and submitted that the workers should have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health. They should have to duty so to inform their supervisor immediately. |
| 3. |
Apart from the above, there are other major concerns which is whether persons employed in brick kilns are included under the said Act. The other major concern is that Expert Committees are contemplated under Section 5 of the said |
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