NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR versus UNION OF INDIA & ORS.

NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR versus UNION OF INDIA & ORS.

Persistent failure by the respondent governments to comply with statutory obligations and Court directions on constitution of Welfare Boards, registration of workers, and collection/disbursal of welfare cess justifies issuance of contempt notice and personal appearance directions to responsible officers.

Parties
Petitioner: National Campaign Committee for Central Legislation on Construction Labour; Respondent: Union of India; Respondent: State of Meghalaya; Respondent: State of Nagaland; Respondent: Union Territory of Lakshadweep; Respondent: State of Maharashtra; Respondent: State of Goa; Respondent: State of Himachal Pradesh; Respondent: State of Rajasthan; Respondent: State of Uttarakhand; Respondent: State of Uttar Pradesh; Respondent: State of Manipur; Respondent: Union Territory of Daman & Diu; Respondent: Union Territory of Dadra & Nagar Haveli; Respondent: Union Territory of Chandigarh; Respondent: Union Territory of Andaman & Nicobar Islands
Jurisdiction
India
Judgment Date
15 March 2011
Procedural Posture
Contempt Petition in Writ Petition (civil) / Notice Issued; Matters Pending; Awaiting Further Hearing
Outcome
Notice issued to show cause why contempt proceedings should not be initiated; personal appearance of specified officials ordered; matters adjourned for further hearing.
Legal Topics
Implementation of Welfare Statutes, Contempt Proceedings, Statutory Duties of Governments, Welfare of Construction Workers
Constitutional Law Labour Law Welfare Legislation Implementation of Welfare Statutes Contempt Proceedings Statutory Duties of Governments Welfare of Construction Workers

Case Brief

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Parties

National Campaign Committee for Central Legislation on Construction Labour

Petitioner

Union of India

Respondent

State of Meghalaya

Respondent

State of Nagaland

Respondent

Union Territory of Lakshadweep

Respondent

State of Maharashtra

Respondent

State of Goa

Respondent

State of Himachal Pradesh

Respondent

State of Rajasthan

Respondent

State of Uttarakhand

Respondent

State of Uttar Pradesh

Respondent

State of Manipur

Respondent

Union Territory of Daman & Diu

Respondent

Union Territory of Dadra & Nagar Haveli

Respondent

Union Territory of Chandigarh

Respondent

Union Territory of Andaman & Nicobar Islands

Respondent

Procedural Posture

Contempt Petition in Writ Petition (civil) / Notice Issued; Matters Pending; Awaiting Further Hearing

Legal Issues

  1. 1 Whether the respondents failed to comply with the statutory obligations under 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
  2. 2 Whether the respondents willfully disobeyed the Supreme Court's orders regarding implementation of the above Acts

Ratio Decidendi

Persistent failure by the respondent governments to comply with statutory obligations and Court directions on constitution of Welfare Boards, registration of workers, and collection/disbursal of welfare cess justifies issuance of contempt notice and personal appearance directions to responsible officers.

Court Disposition

Notice issued to show cause why contempt proceedings should not be initiated; personal appearance of specified officials ordered; matters adjourned for further hearing.

Orders

  • Notice to show cause why proceedings under the Contempt of Courts Act, 1971 should not be initiated against respondents in Contempt Petition Nos. 42 and 43 of 2011.
  • Direct Labour Secretary, Ministry of Labour, Government of India; Labour Secretaries of Lakshadweep, Meghalaya, and Nagaland; and Director General of Inspection, Government of India, to be personally present in Court on the next date of hearing.