State guidelines on the implementation of the Building and Other Construction Workers Act concerning the welfare and regulation of employment of seasonal migrant workers. The Act has been made to provide for the levy and collection of cess on the cost of construction with the view to augmenting the resources of Building and Construction Workers Welfare Board.
The plight of the construction workers was exposed to the hilt as it became so obvious and apparent, during the construction work for the preparation of Commonwealth Games of 2010. Seeing the deplorable conditions of the labourers at many of the CWG sites living in inhuman, unhuman and undignified conditions, Peoples Union for Democratic Rights (PUDR) and Nirmaan Mazdoor Panchayat Sangam (NMPS) came forward and filed the present petition under Article 226 of the Constitution of India for a writ of mandamus and other directions to ameliorate the working conditions of these workers with endeavour to get them their rights guaranteed under the Constitution as well as in the Building and Other Construction Workers (Regulation of Employment and Condition of Services) Act, 1996.
The challenge in the writ petitions, and the connected appeals against interim orders, is to the find out the constitutional validity of various Acts and Rules for construction workers.
The important question which is asked in this case is whether a factory under construction and in the process of being established, is excluded from the purview of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996,.
The case is for implementing 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 and, in particular, to establish the Welfare Boards, collect cess, complete the registration and grant benefits to the beneficiaries with immediate effect as per the provisions of the respective Acts. Further, it is also prayed that the rules and regulations relating to the health, safety and welfare of the workers, particularly the workers in relation to building and construction activity, should be framed and safety equipments including safety harness and safety nets should be provided to them at the place of work.
A bill to amend the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers'' Welfare Cess Act, 1996. [PRS].
