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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 |
| 9. |
Hence it is vitally important duty of the employers, architects, project engineers, and designers to ensure and give due consideration for the safety and health aspects at the planning stage as required under Chapter II of the rules framed. 57. |
| 10 |
The Petitioner prefers this petition under Article 32 and 256 of the Constitution of India inter alia on the following ground: |
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GROUNDS |
| A. |
Because it has been found and witnessed that occurrence of death and injuries among the construction workers is highly prevalent, even though there was no statistics of accidents or safety management systems in construction activities and affecting the safety, health and welfare of the workers.
B. Because the indifference of the Respondent States and the non implementation and non-functioning of the various institutions under the above said Act is violation under the Article 21 of the Constitution of India and The Building And Other Construction Workers (Regulations Of Employment And Conditions Of Service) Act, 1996 and The Building And Other Construction Workers Welfare Cess Act 1996. The workers suffer tragically due to non-implementation of the said Act.
C. Because the death and injuries are not recorded and maintained by contractors or owners for the absence of legislative requirements and it is not maintained either due to the reason that the contractors feel it undesirable, or fear police investigations and other administrative problems
D. Because the employers chose themselves from the financial burden and responsibility of safety, health and welfare of the workers by recruiting labour through contractors.
E. Because there is a poor record of the Construction industry on occupational safety and health of workers mainly because its an unorganized sector, large numbers are migratory, socially backward and illiterate with low bargaining power and have no protection and medical benefits in the form of medical, life insurances, routine health check ups and treatments, etc.
F. Because the Respondents, employers, contractors, agents etc. were grossly and willfully negligent in neglecting the working conditions of the Construction workers which led to death, injuries and occupational diseases. It is stated that it was the duty of the employers to take reasonable care of the workers health and working conditions. Every expense for the check up and treatment had to be borne out from the meager income of the workers.
G. Because the State Government, owners, contractors, agents, etc have been negligent monitoring, inspecting and supplying any safety equipment. Further the non-supply of safety equipment did not prevent them to provide adequate instructions for safe use, which is a further failure on their part.
H. Because the workers and families are entitled to compensation and monetary damages which include but not limited to (past & future) physical pain, mental anguish, physical disfigurement, physical impairment, loss of wages (earnings), hospital expenses and monetary damages against the Respondents.
I. Because the concerned Boards has not been given any Cess for the constructions undertaken so far since the enactment of the above said Act.
J. Because the acts of the State Government, owners, contractors, agents, etc are in |
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