Judgement of the Supreme Court of India regarding construction workers in the unorganized sector of India, 19/03/2018

  • 19/03/2018

Judgement of the Supreme Court of India in the matter of National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) Vs Union of India & Others dated 19/03/2018 regarding construction workers in the unorganized sector of India.

Supreme Court emphasized that construction workers do not assist only in building infrastructure, but they also assist in building the nation, in their own small way. Once that realization dawns upon those required to implement the BOCW (Building and Other Construction Workers) Act and the Cess Act, perhaps due respect will be shown to Article 21 of the Constitution and to Parliamentary statutes.

Supreme Court directs:

1. State Government and UTA to constitute a State Advisory Committee, if not already constituted, and that State Advisory Committee shall meet regularly for conducting its business.

2. The State Governments and UTAs must appoint Registering Officers for registration of establishments and construction workers.

3. Every State Government and UTA should establish a Welfare Board in terms of Section 18 of the BOCW (Building and Other Construction Workers) Act. 

4. It is imperative that all construction workers should be given identity cards and should be registered in terms of Section 12 of the BOCW Act.

5.The Ministry of Labour and Employment shall actively consider making available to the construction workers the benefits of The Maternity Benefit Act, 1961 and The Minimum Wages Act, 1948, The Employees‘ State Insurance Act, 1948, the Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952, as well as (to the extent possible) the Mahatma Gandhi National Rural Employment Guarantee Act, 2005.

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