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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violation of right to life of the workers as is under Article 21 of the Constitution of India. The State being the guardian and protector for the welfare of its citizens disastrously failed in its duty and obligation. |
| K. |
Because the employers, architects, project engineers, and designers have a duty to ensure and give due consideration for the safety and health aspects at the planning stage as mandated under Chapter II of the rules framed. |
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Because in the Directive Principles of State Policy under Article 44 of the Constitution of India, it is the duty of the Union government to provide i) securing the health and strength of workers, men and women ii) against abuse of children/child labour iii) just and humane conditions of work iv) secure the participation of workers in the management, etc. Therefore it was incumbent on the Union of India to implement 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 with rules. |
| 63. |
That the Petitioner has not filed any other similar petition before this Hon’ble Court or any other High Courts seeking the same relief’s. |
| 64. |
That this petition is bonafide and made in the interest of justice. |
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PRAYER |
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In the facts and circumstances stated herein above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to: |
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| a. |
Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents, to forthwith implement 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 forthwith and in its entirety and, in particular, establish the welfare boards, collect the cess, complete the registration and grant benefits to the beneficiaries with immediate effect. |
| b. |
For an order directing the Respondents who have not framed rules under the statutes mentioned in Relief Clause 1 to forthwith adopt the Central Rules, 1998 and the Cess Rules, 1998. |
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For an order directing the Respondents to forthwith ensure that all building and construction sites abide by all the rules and regulations relating to the health and safety and welfare of workers and in particular to ensure that all building/construction activity is done in a manner that is safe and further that all workman will be provided with adequate safety equipment including, safety harnesses and safety nets while at work at heights. |
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Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to constitute Expert Committee to advise on matters relating to framing of rules by the appropriate Government under the Building And Other Construction Workers (Regulations Of Employment And Conditions Of Service) Act, 1996, |
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Issue an appropriate writ, order or direction, directing the Respondents to levy cess on the cost of construction incurred by the employers on the building and other construction works from the date of enactment of the above Central Acts and rules so as to ensure that sufficient funds for the Welfare Boards to undertake the social securityschemes and welfare measures. |
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