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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 |
PETITIONER ABOVENAMED |
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| MOST RESPECTFULLY SHOWETH THAT: |
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| 1. |
That the present Writ Petition is being filed in public interest under Article 32 and
Article 256 of the Constitution of India seeking the implementation of the Building And
Other Construction Workers (Regulations Of Employment And Conditions Of Service)
Act, 1996 (in short the Act) and The Building And Other Construction Workers
Welfare Cess Act 1996 (in short the Cess Act) in all the States and Union Territories in
India. |
| 2. |
That the Petitioner is non-registered committee of registered trade unions working in
most of the States and has been involved in the rights of the unorganized sector
including construction workers, specially in the areas of safety, occupational health and
welfare measures. The Petitioner Organisation was instrumental in campaigning for the
necessity of a Central Legislation for the Construction Workers. The trade unions
working in the Petitioner Committee are Nirman Mazdoor Panchayat Sangam
(DELHI), Bandhkam Mazdoor Sangathan (Mumbai, Maharashtra), Banhdkamgar
Panchayat (Pune, Maharashtra), Jharkhand Sangrami Shramik Sabha (Jamshedpur,
Jharkhand), Bandhkam Mazdoor Sangathan (Ahmedabad, Gujarat), Eastern Railway
Construction Workers Union (Calcutta), Punjab Nirman Mazdoor Sangathan (Punjab),
Delhi Forces (Delhi), Nirman Mazdoor Panchayat Sangam (Tamilnadu), Karnataka
State Construction Workers Central Union (KSCWCU Bangalore, Kamataka), National
Federation of Construction Labour (Bangalore). |
| 3. |
The Petitioner appalled by the attitude and ignorance of most of the States and Union
Territories towards implementation and regulations of employment and conditions of
service of building and other construction workers which envisages safety, health,
hours of work, welfare, payment of wages, registers and records, etc. of construction
workers, which they are entitled to under the Building And Other Construction Workers
(Regulations Of Employment And Conditions Of Service) Act, 1996 and the
Constitution of India is approaching this Hon’ble Court. The non-implementation the
said Act violates Article 15(3), 39 (e) and (f) and also Article 45 and 47 of the
Constitution, which impose a primary responsibility on the State ensuring that all the
needs of workers are met and that their basic rights are fully protected. It also violates
Article 21 of the Constitution of India, which provides for the right to live with dignity. |
| 4. |
The Main Act provides for constitution of Building & Other Construction Workers
Welfare Board for providing medical facilities, pension, family pension, advance for
purchase or construction of house, loan for purchase of tools, financial assistance for
education, for marriage, immediate assistance in case of worker’s accident, maternity
benefit, death benefit, etc. to the building and other construction workers registered as
beneficiaries with the Board. The Cess Act provides for assessment, levy and collection
of cess on the cost of construction incurred by the employees to augment the resources
of the Building and Other Construction Workers Welfare Board. The above Acts were
based on the International Convention where the ILO in 1988 adopted the Safety and
Health in Construction Convention (No. 167) and its accompanying recommendation
(No.175) which provide for a foundation of law on which safe and healthy working
conditions are built. |
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