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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 |
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Act to be constituted in order to facilitate the making of Rules under Act and that to what extent, has the Union Government used the powers conferred on it under Section 60 to give directions for the same. |
| 4. |
Considering that 92% of the work force is in the unorganized sector and such workers and their families constitute the bulk of the population the Act provides as a system of universal social security. 31 million workers in the country are engaged in building and other construction works. The Building and other construction workers are one of the most numerous and vulnerable segments of the unorganized labour in India. The building and other construction works are characterized by their inherent risk to the life and limb of the workers. The work is also characterized by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities. It is difficult to fix responsibility or to take any corrective action. |
| 5. |
Hence the implementation of the above said Acts in all the States/Union Territories is imperative since the same regulates their safety, health, welfare and other conditions of service. Further by a direction by this Hon’ble Court for the constitution of Welfare Boards in every State would provide and monitor social security schemes and welfare measures for the benefit of building and other construction workers. For the above directions to become functional it is imperative that direction for collecting cess by the local authority on the cost of construction incurred by the employers on the building and other construction works is directed so as to ensure that sufficient funds for the Welfare Boards to undertake the social security schemes and welfare measures are at hand. Further the petitioner seeks for a direction to the Respondents for the Constitution of Central and State Advisory Committee to advise the appropriate Government on matters arising out of administration of the said Act, for constitution of Expert Committee to advise on matters relating to framing of rules by the appropriate Government, for registration of establishments employing construction workers, and appointment of registering officers, registration of building workers as beneficiaries under the said Act and provision for their identity cards, etc, for constitution of Welfare Boards by the State Governments and registration of beneficiaries under the Fund, providing for financing and augmenting resources of the Welfare Board constituted by the State Governments and for the appointment of inspecting staff including Director-General of Inspection at the Central Level and Inspector-General at the State level. |
| 6. |
The petitioner states that in a study prepared by the Corporate Safety Section of the National Thermal Power Corporation Ltd, New Delhi dealing with the factors underlying injuries/accidents in Construction Industry with special reference to NTPC, it was found that there was no statistics of accidents or safety management systems in construction activities, and the same are not maintained by contractors or owners in absence of any legislative requirements and even otherwise it is not maintained either due to the reason that the contractors felt it undesirable, or fear of police investigations and other administrative problem. The above study covered six NTPC projects employing more than 45,000 workers. The true copy of the study prepared by the Corporate |
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