All India Lawyers Union ... vs Union Of India (Uoi) And Anr.
2002 Latest Caselaw 541 Del

Citation : 2002 Latest Caselaw 541 Del
Judgement Date : 9 April, 2002

Delhi High Court

All India Lawyers Union ... vs Union Of India (Uoi) And Anr. on 9 April, 2002

Equivalent citations: 2002 (64) DRJ 681

Author: D Gupta

Bench: D Gupta, S Mukerjee

JUDGMENT

Devinder Gupta, J.

1. Under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Act) No. 27 of 1996, the State Government has on 10.1.2002 notified the rules called as the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002. Same have been published in Delhi Gazette and have now come into force on publication of the same in the Gazette. Labour Commissioner, Delhi has been appointed as Chief Inspector of Inspection of Building and Construction under the Act. In addition, registering officers, appellate officers and Inspectors have also been appointed. Learned counsel for the respondents State that process is on to constitute the State Welfare Board under Section 18(1) BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 of the Act and for the State Advisory Committee under Section 4(1) BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 of the Act.

2. Learned counsel for the petitioner points out that in addition to the aforementioned legislation, much needs to be done under the other legislation namely the Building and Other Construction Workers Welfare Cess Act, 1996. On leavy and on collection of cess, the same is required to be deposited in the Fund known as Building and Other Construction Workers' Welfare Fund. It has to be with the Board constituted under Section 18(1) of the Act No, 27 of 1996. For want of constitution of the Board the said Fund has not been created thereby loss has occasioned. Considerable case could have been collected and utilised for the purpose for which Act of 28 of 1996 was brought into force. Learned counsel for the respondent states that after the Board is Constituted, Welfare Fund under Section 24(1) of 1996 Act will be constituted.

3. Respondents will ensure that Board is constituted and simultaneously Fund is created as expeditiously as possible and not later than two months from today.

4. Compliance report be filed in the court.

5. List on 10th July, 2002.