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This is an archive article published on March 30, 2013

SC issues contempt notice to states,UTs

Upset over inaction in welfare steps for construction workers

Concerned that millions of construction workers were yet to receive promised welfare measures,the Supreme Court has asked top officials concerned to explain why contempt proceedings should not be initiated against them for not complying with the mandates of the law and the court orders in this regard.

We are,prima facie,satisfied that orders passed by this court have not been complied with by any of the states/union territories8230; We have no option but to issue notice to showcause why contempt proceedings be not initiated against Chief Secretary,Labour Secretary and Chief Inspector in every state/union territory, a Bench led by Justice S S Nijjar said in an order last week.

The bench underlined despite slew of emphatic directions in the past,almost every state and union territory was in breach of orders over effective implementation of Building and Other Construction Workers Regulation of Employment and Condition of Service Act 1996,and Building and Other Construction Workers Welfare Cess Act,1996.

It asked the officials to file their replies along with latest status reports on implementation within six weeks. For the time being,the personal appearance of the respondents is exempted, said the bench after counsel for various states requested for reprieve to the officers concerned.

The court passed the order on a fresh contempt plea by senior advocate Colin Gonsalves,who appeared for NGO National Campaign Committee for Central Legislation on Construction Labour. The organisation pointed out the welfare legislation,meant to regulate unorganised construction workers and provide statutory benefits,had not been implemented by states and union territories even though the court passed several directions.

Under the law,every state requires to constitute a State Welfare Board,register workers and disburse array of benefits after collection of cess from contractors. As per the NGO,several states were still to have functioning Boards whereas in others,cess collected were not being distributed.

However,Delhi governments counsel S W A Qadri refuted the non-compliance and relied on his affidavit,stating that more than 1.17 lakh workers had been registered.

 

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