Date:14/01/2009 URL: http://www.thehindu.com/2009/01/14/stories/2009011456121100.htm

National

States to report on welfare of construction workers

Legal Correspondent

Law not implemented properly to ensure benefits: plea in court

Welfare boards, advisory panels not set up
Tamil Nadu in forefront of implementation of legislation

New Delhi: The Supreme Court on Tuesday directed all States to file by May first week a status report on implementation of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the BCW Welfare Cell Act.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal gave this direction after senior counsel Colin Gonsalves, appearing for the National Campaign Committee for Central Legislation on Construction Labour, submitted that many States had not complied with the provisions of the legislation meant for two crore workers employed in the building industry.

Rules not framed

Counsel said no step had been taken by either the State governments or their Labour departments for constitution of welfare boards, State advisory committees and expert committees. Many States had not even framed the rules, and a Rs. 1,300-crore cess collected by some States was not being used for the intended purpose. Tamil Nadu was an exception, having disbursed Rs. 80 crore out of Rs. 246 crore collected, and it was in the forefront of implementation of the legislation, counsel said.

The Bench, in its interim order, directed the Labour Secretary of each State to submit a detailed report on what steps had been taken and the reasons for non-implementation of the legislation. If any government did not do anything, urgent steps were required so that the benefits of the legislation would not go waste.

“Office will send a communication to the Chief Secretary/Labour Secretary of each State in regard to implementation of the provisions of this beneficial legislation,” the order said.

Risky job

The petitioner said the construction industry was the second largest in India, employing about two crore workers on a daily basis. Construction activity was highly accident-prone and fatality was very high compared to other industries.

Counsel said there was an urgent need for adequate investment, mainly in terms of job security, safety, proper working conditions, medicare and skill development schemes. A large number of construction workers were migratory, socially backward and illiterate with a very low bargaining power.