NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR (NCC-CL) versus UNION OF INDIA AND ORS.

NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR (NCC-CL) versus UNION OF INDIA AND ORS.

State Governments, UTAs, and Union of India must implement the BOCW Act and Cess Act fully, including registration, collection of cess, model welfare scheme, and social audit; non-action contravenes constitutional duties and statutory mandates and compromises fundamental rights and welfare of millions of construction workers.

Parties
Petitioner: National Campaign Committee for Central Legislation on Construction Labour (NCC-CL); Respondents: Union of India and others
Jurisdiction
India
Judgment Date
19 March 2018
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Directions issued; Writ Petition listed for directions; Contempt Petition disposed of.
Legal Topics
Construction Worker Welfare, Implementation of Social Legislation, Enforcement of Statutory Duties
Labour Law Constitutional Law Administrative Law Construction Worker Welfare Implementation of Social Legislation Enforcement of Statutory Duties

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Parties

National Campaign Committee for Central Legislation on Construction Labour (NCC-CL)

Petitioner

Union of India and others

Respondents

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Non-implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Building and Other Construction Workers’ Welfare Cess Act, 1996 by State Governments and UTAs
  2. 2 Failure to utilize collected welfare cess for construction workers
  3. 3 Need for effective mechanisms and oversight to ensure implementation and benefit to workers

Ratio Decidendi

State Governments, UTAs, and Union of India must implement the BOCW Act and Cess Act fully, including registration, collection of cess, model welfare scheme, and social audit; non-action contravenes constitutional duties and statutory mandates and compromises fundamental rights and welfare of millions of construction workers.

Court Disposition

Directions issued; Writ Petition listed for directions; Contempt Petition disposed of.

Orders

  • Ministry of Labour and Employment, State Governments, UTAs to put in place and strengthen registration machinery for establishments and construction workers within specified timeframe.
  • Ministry, State Governments, UTAs to establish and strengthen machinery for cess collection.