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 |
| 5. |
That the facts leading to the present petition are as follows: |
| 6. |
The informal sector constitutes 93% of the total employment in India. The highly
labour intensive nature makes construction one of the largest sources of employment
also. The estimated number of construction workers in India is 31 million, although
according to the trade unions the figure is much higher and the female workers
constitute 49-50% of the work force. About 40 to 50 percent of the total capital outlay
in the successive five-year plan development plans of India has been on construction
alone. |
| 7. |
Construction is the second largest industry in India next only to agriculture, daily
employing about 31 million workers in its different activities or associated with it. The
Construction Industry is targeted to achieve an annual growth of 8% to reach 3921
billion and contribute 6.2% of the National G.D.P. Construction is primarily contracting
business and comprises both building and civil works project. Construction is also a
highly accident-prone industry. The rate of fatality in this industry is very high in
comparison with the other industries. It is estimated that more than 10 million workers
receive injuries every year throughout the world. Compared with the manufacturing
sector which experiences between 60 to 80 deaths per 1000, the Construction sector
witnesses about 160 to 250 deaths per 1000. There is an increasing need for adequate
investment in working conditions for ensuring greatest benefit for workers, mainly in
terms of job security, safety, fair conditions and skill development. There is a poor
record of the industry on occupational safety and health. The reasons being that large
numbers of construction workers are migratory, socially backward and illiterate with
low bargaining power. Further all contracts awarded by the Central and State
governments contain only a general clause pertaining to safety,
where detailed safety, health and welfare clauses which are
required to be mandatory incorporated are conveniently omitted. The true copy of the photographs showing the risk and dangers
the workers are faced with is marked and attached as Annexure P-1. |
| 8. |
The present petition is for the implementation of 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 in all the States and
Union territories together with the framing of their respective rules. The above said Act
applies to every establishment which employs or had employed on any day of preceding 12 months, 10 or more building workers in any building or other construction work. |
| 9. |
Under Chapter 2 of the said
Act, the Central Government and the State Governments are required to
constitute Advisory Committees and Expert Committees to look into the proper
administration of the Act. |
| 10. |
The Respondents are
required to appoint registering officers as per Section 6 of the said
Act. Under Section 7 of the said Act it is compulsory for the employer
to register establishments within a period of 60 days from the
commencement of the said Act. Further under Section 11 of the said Act,
all building workers in the age group of 18-60 are eligible for
registration as beneficiary and are issued identity card and as such
will arrangement for financial assistance and benefits under
consultative board were pointed out to resolve the problem. Hence under
Section 11 of the Act every registered building worker is entitled to
the benefits provided by the Board from its fund under the Act. |
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