Delhi High Court

Peoples Union For Democratic ... vs Union Of India & Ors on 20 September, 2012

Author: A.K.Sikri

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 20th September, 2012

+ WP(C) 524/2010

Peoples Union for Democratic Rights & Ors. ..... Appellants
Through: Mr. Colin Gonsalves, Sr. Adv. with
Mr. Tariq Addeb, Adv.

versus

Union of India & Ors ..... Respondents
Through: Mr. Ruchir Mishra, Adv. for UOI
Mr. V.K. Tandon, Adv. for GNCTD
Mr. Ajay Verma, Adv. for DDA
Ms. Sujata Kashyap, Adv. for
DTTDC
Mr. Anil Amrit, Adv. for NDMC
Mr. Abhishek Sharma, Mr.
Sarojanand Jha, Adv. for DIAL
Mr. R.V. Sinha, Mr. Kumar Rajesh
Singh, Advs. for Northern Railways
Ms. Suparna Srivastava, Advocate for
MCD.
Mr. Anil Grover, Advocate for SAI.
Mr. Raj Birbal, Sr. Adv. with
Ms.Raavi Birbal, Adv. for DLF
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

A.K. SIKRI (Acting Chief Justice):

1. The plight of the construction workers was exposed to the hilt as it
became so obvious and apparent, during the construction work for the

WP(C) 524/2012 Page 1 of 68
preparation of Commonwealth Games which were scheduled for 2010
(hereinafter referred to as CWG, 2010). Seeing the deplorable
conditions of the labourers at many of the CWG, 2010 sites, living in
inhuman, undignified and unsafe 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 (hereinafter referred to as „the Act‟) and Rules framed
thereunder relating to health and safety of these workers. The
respondents impleaded in this petition are Union of India (respondent
No.1), Government of NCT of Delhi (respondent No.2), Sports
Authority of India (respondent No.3), Delhi Development Authority
(respondent No.4), Director General of Inspection in the Ministry of
Labour (respondent No.5), Central Public Works Department
(respondent No.6), New Delhi Municipal Council (respondent No.7),
Municipal Corporation of Delhi (respondent No.8), Delhi Building
and Other Construction Workers Welfare Board (respondent No.9),
Delhi International Airport Ltd. (respondent No.10), Delhi Metro Rail
Corporation (respondent No.11) and Chief Inspector of Inspections of
Building and Construction of Delhi appointed under the Act
(respondent No.12).
2. It is a matter of common knowledge that for the aforesaid CWG-

WP(C) 524/2012 Page 2 of 68
2010, which were held in October, 2010, over Rs.70000 Crores were
provided only for improving the city infrastructure and sports
facilities. Naturally, this necessitated construction projects which
were assigned to respondents No.2, 3, 4, 11 and 12. They, in turn,
gave these projects to agencies like respondent No.6 and 7. For
execution of the various construction projects of massive sizes,
respondents No.6 and 7 gave the construction work to various
contractors/real estate developers and construction companies. When
the work was at peak in mid May, 2008 to mid May, 2009, more than
one lakh workers were employed in all these projects. Even at the
time of filing of the petition in January, 2010, 15000 contract/daily
wage workers were working in these projects. However, it was found
that these workers were not given their legitimate dues under the
aforesaid Act as well as other labour laws. The petitioners in this
petition alleged that even minimum wages were not paid to these
workers. It is pointed out in the petition that the petitioners in the
case of People's Union for Democratic Rights & Ors. v. Union of
India & Ors., (1982) 3 SCC 235, on receiving reports of violation of
workers‟ rights at the Commonwealth Games construction sites,
investigated the work conditions at one of the construction sites, the
Commonwealth Games village, near Akshardham temple and
published a report in April, 2009. It was found that the provisions of
the Act of 1996, Minimum Wages Act, 1948, Interstate Migrant
Workmen (Regulation of Employment and Condition of Services)
Act, 1979, Contract Workers (Prohibition and Regulation) Act, 1970
are widely violated. The specific findings of the investigation were:

WP(C) 524/2012 Page 3 of 68
(i) That one worker had died in an accident in December, 2008
and the workers claim that there had been several deaths which
were not recorded.
(ii) That minimum wages were not paid to most of the workers.
(iii) That double wages for overtime were not paid.
(iv) That the wages were irregularly paid with considerable delays
and with contractor‟s often withholding part of the wages.
(v) That safety equipments were often not made available to
workers.
(vi) That identity card was not given to the workers as required
under law.
(vii) That wage slips were not given to the workers in accordance
with law. As a result, the workers had no proofs whatsoever
that they were employed.
(viii) That the provisions of the Act were not being implemented and
that the workers were not being registered with the Welfare
Board.
(ix) That many of the workers were living in rooms, often without
doors, without protection during winter, without electricity and
without toilets.
(x) That many of the camps where the workers were staying were
not hygienically maintained and full of mosquitoes.
(xi) That in the camps water was stored in pvc tanks which were
not cleaned.
(xii) That the workers who came from Bihar, Jharkhand, Orissa,
Madhya Pradesh, Uttar Pradesh, West Bengal and Punjab were

WP(C) 524/2012 Page 4 of 68
not given the benefits of the Insterstate Migrant Workers Act
and were totally at the mercy of the contractors.
(xiii) That workers were never given a weekly off with wages as
required by the Minimum Wages Act and were required to
work on all 7 days.
(xiv) That the women workers were paid less than their male
counterparts.
(xv) That very primitive medical facility is available for the
workers.
(xvi) That no representative of the Principal employer is present at
the time of disbursement of wages as is required under the law.

Aforesaid violations are merely a glimpse of what was
happening at site though the petitioners have pointed out various
other violations which were noted.
3. The petitioners state that in accordance with the Act, the Rules were
notified in 2002 and the Construction Workers Welfare Board set up
in Delhi. In accordance with the Act, Cess collection started in 2005
and picked up pace in 2007. From the cess collections, the Welfare
Fund stands at Rs.300 Crores today. The Welfare Board in Delhi is,
however, dysfunctional. It has met, on an average, twice a year as
opposed to the requirement of meeting once in two months. It has no
full time secretary to ensure functioning of any kind. Most of the
workers‟ representatives on the Welfare Board have no track record
of commitment to labour issues. It has no staff to scale up new
registrations and renew old ones. The worker registration process

WP(C) 524/2012 Page 5 of 68
launched in late 2005 has covered over 20,000 workers from among
the estimated 6-8 lakh workers in the city (according to construction
workers‟ trade unions, NMPS and SEWA Delhi). Live registrations
amount to approximately 10% of registered workers so far because of
cumbersome procedures and the absence of publicity about benefits.
To date, only Rs.15 Lakhs, or thereabouts, have been spent on
providing concrete benefits to the workers.
4. Thus, according to the petitioners, even when substantial amounts are
available, they were not meaningfully spent for these workers on
whose behest these funds are collected under the Act. In these
circumstances, in the writ petition, following prayers have been made:

"(a) Pass a writ of mandamus or any other writ or
direction setting up an Independent Commission of
this Court to visit the various sites where
construction work is going on in connection with the
Commonwealth Games, interview the workers and
make a report with respect to the grievances set out
in this petition.

(b) Pass an order permitting the above Commission to
co-opt such NGOs, experts and others as they deem
fit.

(c) Pass an order directing the respondents to ensure
compliance of the provisions of the Building and
Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996
and the rules made thereunder relating to health and
safety of construction workers are duly complied
with.

(d) Pass an order directing the respondents to ensure

WP(C) 524/2012 Page 6 of 68
that all construction workers employed in
connection with the Commonwealth Games 2010
are registered with the Welfare Board constituted
under the Building and Other Construction Workers
(Regulation of Employment and Conditions of
Service) Act, 1996, within two weeks from today,
are provided with appropriate documentation as
required under the Act and are given due benefits
with retrospective effect from the dates of starting
work.

(e) Pass an order directing the respondents to ensure
that all the workmen employed in connection with
the Commonwealth Games are given identity cards,
insurance cover under Jan Shree Bima
Yojana/Rashtriya Swasthya Bima Yojana, Wage
slips, at least the minimum wage, double wages for
overtime, a paid weekly off, proper medical
facilities, workmen‟s compensation in all cases of
accidents, clean drinking water and toilet facilities.

(f) Pass an order directing the respondents to ensure
that the quarters where the workers are staying are
properly designed and maintained and have secure
doors, electricity supply, adequate number of toilets
which are cleaned daily, and have hygienic
surroundings.

(g) Pass such other order or orders as this Hon'ble Court
may deem fit in the facts and circumstances of the
case."

5. Noticing the aforesaid plight, this Court sprung into action by issuing
notice on January 27, 2010. Thereafter various interim directions
were given from time to time in order to provide relief to these
workers. It would be in the fitness of things to state in brief such

WP(C) 524/2012 Page 7 of 68
orders passed as these orders would reflect the nature of actions
already taken in this petition. Summary of the important directions
which are reflected in these orders is given below:

Factual
Date of Direction passed by the
Background/Grievance/Conten
Order Hon'ble Court
tion

26/5/2010 This petition filed in public The Court after discussing the
interest draws attention of the factual matrix and the complexity
court to the plight of construction of the problem had issued the
workers and seeks directions for following directions :
compliance of the provisions of
The Building and Other A. All the authorities who are
Construction Workers (Regulation involved and are covered by
of Employment and Conditions of the Committee constituted by
Service) Act, 1996 and the Rules this Court shall make all
framed thereunder. It is inter alia possible efforts to register the
pleaded that minimum wages are workers so that no worker
not being paid to most of the remains unidentified and
workers; the wages are paid further is in a position to avail
irregularly after considerable the statutory benefits and
delays; safety equipment and future litigation is avoided.
identity cards and wage slips are
not being made available to the B. The passbooks should be
workers and no provisions for opened in respect of all the
residence of the workers and their workers. All benefits that are
family members, as required to be accruable on the basis of
made are being made. It is further issuance of passbooks shall be
pleaded that though the welfare monitored by the Labour
fund set up in accordance with The Department. Be it noted, we
Building and Other Construction are not finding any fault with
Workers? Welfare Cess Act, 1996 the functioning of the
stands at Rs.300 crores but the department but we are only
Welfare Board in Delhi is stating that one must remind
dysfunctional and has not been oneself of one‟s duty, more
meeting regularly and has not so, when dealing with the
shown any track record of people who are working in an
commitment to labour issues; only atmosphere to have their food,
Rs.15 lacs or thereabouts out of shelter and clothing and live a
the sum aforementioned of Rs.300 life with acceptable dignity.

WP(C) 524/2012 Page 8 of 68
crores have been spent for the C. The education scheme, which
benefit of the workers. has been introduced, has to be
appropriately implemented so
that a child of a worker gets
necessary education. It
should be borne in mind by all
concerned that "education is
the spine of a civilized
society".

D. As far as the medical benefits,
maternity benefits and death
benefits are concerned, the
same be provided as per the
provisions in the Acts and the
schemes framed thereunder.

E. The petitioner is at liberty to
have the assistance of the
senior persons from the field
of academics and other
personalities whose names
find mention at page 32 of the
petition to assist the workmen
to fill up the forms to have the
benefit.

F. All the respondents shall file
their requisite response/steps
taken within four weeks
keeping in view the aforesaid
directions.

7/7/2010 1. The learned standing counsel 1. It was directed that the for the State that more than competent authority of 31,000 workmen have been GNCTD to verify the registered. However, learned registrations that have been counsel for the State could not made in the meantime and clarify whether all the which are under process and employees who have been what is the exact number of registered are employed in workers as per Common Common Wealth Games or Wealth Games is concerned. anywhere else. It is worth noting the figures which have It was further directed that

been stated in the affidavit do such exercise shall be done not really refer to the site-wise so that it would have employees who are being some kind of scientific employed for the purpose of methodology and the Common Wealth Games. grievance that has been pyramided by the learned

2. It was urged that there are counsel for the petitioner more children whose would possibly be assuaged.

applications are being submitted to obtain scholarship 2. The Court without expressing and assistance for the same any opinion on the said have not yet been attended to. contention directed that the It was urged by learned petitioner shall give the list of counsel for the petitioner that the applications that have more than 10,000 applications been submitted before the are pending. authority and the competent authority of NCT of Delhi

3. With regard to grant of shall look into the same medical benefits, maternity regard being had to the fact benefits and death benefits that the education is the spine were concerned, the Court was of a nation and no child upto apprised that 15 applications the age of fourteen as per the were pending for mandate of the Constitution determination by the Welfare should be denied education. Board. A grievance was made that though the said 3. The Court directed that the applications were filed long Board shall decide the said back yet the authority applications and if the benefits concerned paid a deaf ear to are extendable, the same the same. should be extended within a period of 15 days. To the

4. The learned counsel for the grievance pending petitioner submitted that there applications the Court was a direction on the earlier directed that „when occasion to hold camps to applications of this nature are sensitize the workers about filed, needless to emphasize, their rights under the the same have to be attended enactments and the welfare to in quite promptitude, for schemes but no effective the same come from the needy camps have been held. and marginalised section of the people. We hope and trust that the competent authority shall keep the same in view and not show any kind of apathy to such applications. It

should not be treated as a duty in a routine manner but a duty which has its sacrosanctity.

4. Awareness Camps: The Court declining to enter into the said controversy, directed that the GNCTD shall constitute a committee of three officers for a camp and the camps shall be held site-wise.

Attendance at Camps: Court emphasized that the representative of the PUDR (petitioner) shall be invited to attend the camps. Mr. Tariq Adeeb (Counsel for Petitioner) shall also be invited to attend the camps and the attendance therein would mean effective participation.

The Court further directed that before holding the camps, adequate pamphlets shall be circulated by the State Government among the workers so that they would be in a position to understand their rights under the Act and the schemes.

The Delhi Legal Services Authority was requested to nominate three lawyers to attend the camps and also sensitize the workers about their rights. The schedule of dates for holding camps should be circulated early so that the whole thing can be facilitated.

As far as the living conditions of the workmen was concerned, who were engaged for the purpose of Common Wealth Games, the Court directed that they shall be provided adequate facilities so that they do not suffer any catastrophe and cataclysm due to the cruel rain.

4/08/2010 1. The Court was apprised by Ms. 1. The Court on the statement of Moushumi Basu, Secretary of learned counsel for UOI the petitioner organization that directed that the Competent workers face difficulties at the Authority of UOI will issue time of registration because instructions to the contractors there are no photographers and as well as to other Principal Notaries. As far as employers within three days photographers are concerned, to arrange the photographers the Court was informed that it to be provided by the was the duty of the contractors concerned contractors at the to arrange the photographers. time of registration and if the contractors fail to arrange the

2. The Court was informed that photographers, the Principal despite earlier directions the employers including CPWD Contractors have not supplied shall deduct the amount from safety equipments to the their bills for such expenses. workers.

2. No contractor shall take recourse to any kind of deviancy for they must realise that it is their statutory obligation and if they violate the same, the tentacles of law would not excuse them. As far as notaries are concerned, the notary shall be present as requested by the Member Secretary, DLSA. As far as stamp duty and other expenses are concerned, they shall be borne by the workmen.

The UOI was directed to

instruct all the agencies who have awarded the work to deal with contractors strictly so that there should not be any kind of deviation in their dealing with the workers who sweat their blood in building structures which are eventually used for the nation.

1/9/2010 1. It was submitted that no 1. It was directed that Labour photographers were available Commissioner (Central ) shall to facilitate the registration depute an authority to go to the even after directions of thee districts and coordinate with Court. the Member Secretary, DLSA on every alternate day so that

2. The Court was apprised by Ms. the problem that has cropped Basu that a girl child aged up which affects the workers about two years has breath her should not subsist for no last while she was run over by unfathomable reasons. a truck in the Jawahar Lal Nehru Stadium. 2. The Court noted that death is not only tragic but speaks in volumes about the negligence.

3. The Member Secretary of DLSA submitted a Report containing certain suggestions where the first two related to the mode of making payment to the Workers. They were as under: i. Payments to construction workers must be in the same manner as has been prescribed under NREGA, that is by ECS transfer into the account of the worker from which he or she alone can draw. This would ensure payment of Minimum Wages by the contractor to the workers. ii. The source of payment can One cannot expect a small child of two years to be aware about the rules because for her the whole world is a play ground. But unfortunately the Labour Commissioner or the Deputy Labour Commissioner for that matter and the contractor who is incharge of the work cannot really realize the same. None of the the authorities should conceive the idea that life can be bartered for money. Life has its own glory and significance. The cry of a child rings in the Universe and the same should ring and disturb the ears of the authority. It is unfortunate that despite number of orders passed by this Court, they

be worked out. But it is remain undisturbed and behave suggested that since labour as if they are epitome of costs are part of construction obstinacy. costs, the Government, or the person or organization on In view of the aforesaid the whose demand the Court directed that the Labour construction activity has been Commissioner to go to the site undertaken should transfer and make an enquiry. It also adequate funds into the directed the Deputy Worker‟s Wages Fund to Commissioner of Police of that meet the drawls by the area to go to the site and workers. There would be no submit a report and also scope for the workers apprise what steps have been claiming to be on the rolls of taken in law.

the Government just as in the NREGA. The Court also added that Labour Commissioner or the

4. It was submitted by Ms. Basu Deputy Labour Commissioner that a worker who is working as well as the Regional Labour at a site in a big stadium cannot Commissioner (Central) and be treated as an unperson and such other authorities are not for that matter no person supposed to sit in their air should be treated as an conditioned offices and unperson. The submission of monitor the sites. None in the Ms. Basu is that when there is world ever in history had lot of water logging as a monitored a site by sitting in a consequence of which there is room. Even the greatest spread of malaria and dengue protagonist in the history have in an epidemic manner. to move to the site to watch and judge. We expect the authorities should learn from the history as well as the practical wisdom.

3. The Court quoting the first two suggestions directed that the bank shall open the accounts on zero balance as we have been told that the same is permissible for the workman.

In view of the aforesaid it was directed that the aforesaid suggestion as mentioned in para-1 shall be worked out within a week hence so that the

workers shall know what is the minimum wages and get the same and no contractor take recourse to any subterfuge to avoid the law.

The Court emphasized on the aspect that it should be highlighted in all the awareness camps with a note of caution to the contractors that the contractors shall not deviate from the law or to play with life and finances of the workers by engaging series of sub-

contractors. They must remember one day the law shall book them and they cannot escape and when they come under the clutches of law, every one of them shall realise the catastrophy is on and it may metamorphoses either to tsunami or a volcanic disaster.

4. The Court agreed to that the MCD shall send the Health Officers and Health Inspectors to the site within three days and report with regard to what steps have been taken shall be filed by them within a week. It was emphasized that a report, should not mean a paper tiger but the work done which has a ripened effect.

22/9/2010 1. The Court took up the fatal 1. The Court directed that ex-

accidents that happened with gratia payment amounting to workmen of DMRC and made Rs. 2 lacs be paid within a a record of their status as period of two weeks from below : today by way of bank draft to Accidents occurred = 109 the legal heirs of the deceased Compensation paid = 65 + 9 workmen on proper

Unsettled matters = 44 identification. The said amount Heirs not eligible = 18 shall not include any sum that Pending Applications = 17 has already been paid. The said amount shall be subject to the

2. The Court was apprised that on final adjudication by the 21/9/2010 notice that there was Labour Welfare Fund an accident yesterday as a Committee and the Committee consequence of which a foot while adjudicating the quantum overbridge near Jawahar Lal shall keep in view the amount Nehru Stadium collapsed and of ex-gratia paid to the legal in the said accident 27 heirs of the deceased workmen construction workers have who come within the last 65 been injured out of which, 4 cases. We have said so as the are critical. doctrine of parity has to be given paramountcy while

3. The Counsel for the petitioner granting ex-gratia payment. that though this Court had directed with regard to 2. The Court directed as an improvement of living interim measure subject to final conditions of the workmen, yet finding in the appropriate nothing has been done. A proceedings or in this writ report was aslo filed that the petition, that the State living condition has not been Government shall pay a sum of improved. 3,00,000/- to the critically injured persons immediately or their legal heirs, if they are not in a position to receive the same, by way of bank drafts.

Needless to say, the same shall be adjusted at the time of final adjudication.

Quite apart from the above, the State Government shall see that all the injured persons are given adequate medical treatment.

As far as persons who have suffered minor injures like fractures, they shall be given ` 1,00,000/- by way of bank draft within a week hence. The State Government shall cause an inquiry and fix the

responsibility and thereafter realise the aforesaid amount either from the contractor, the officers or from any other person, who are responsible in overseeing the work.

3. The Court was apprised that it is the duty of the Principal employer to ensure that the living conditions are adequate so that the workmen live in a living healthy condition. It was submitted by the learned counsel for Union of India that whenever officers have gone to sites, they have issued show cause and launched prosecution.

In view of the aforesaid, The Court directed the Principal employers, namely, the respondents, to ensure that the living conditions are improved and the proper safety measures are provided as they cannot treat the workmen as unpersons.

The Court further stated that to have a complete picture, we direct that the Chairman of NDMC, Commissioner of MCD, Vice-Chairman of DDA, Director General of Sports Authority of India, Director General of CPWD, Managing Director of Delhi International Airport Limited and Executive Director of DMRC shall be personally liable if any deviancy is shown.

The said authorities were further directed to depute responsible officers to remain

personally present on the next date of hearing (6/10/2010) before this Court so that this Court can get appropriate assistance.

We may further note that the contractors who have been given the work, shall work with responsibility by following all the norms of law, failing which this Court may think of taking appropriate action against them as we are inclined to think, as advised at present, they are not cooperative with the authorities. If a contractor thinks that he is the law unto himself, he is under an illusion.

The Principal employers shall issue a notice incorporating this aspect to all the contractors.

10/10/2010 In the course of proceedings The Court had to the aforesaid several issues were raised factual matrix, we issue the pertaining to collection and following directions:-

deposit of CESS, non-payment of compensation in the cases of a) All the principal employers certain accidents, inadequate shall verify whether any machinery to verify certain aspects contractor has been left out etc. and submit the list to the Union of India as well as to the Govt. of NCT of Delhi.

b) The Union of India shall issue notice to the principal employers, namely, DIAL, MCD, DMRC, DDA, CPWD, NDMC and PWD who will ensure that the contractors, who have not supplied the names of the workers, shall supply the same within the

period specified by the Union of India.

c) The Union of India shall issue such letters/notices within 10 days from today requiring the principal employers whose contractors have not supplied the list so that appropriate steps can be taken.

d) The list that has been obtained by the Union of India shall be supplied to Mr. Gonsalves, learned senior counsel appearing for the petitioner and Mr. P.N. Dwivedi, Advocate who represent various NGO‟s and Unions so that they would be in a position to assist the competent authority and also to Mr. Subhas Bhatnagar and Mr. Amjad Hassan who have been fighting the cause of workmen.

e) The principal employers to find out from the contractors the original addresses of the workmen who have left Delhi and it will be their obligation to supply the same to the Labour Commissioner of the Govt. of NCT of Delhi within six weeks. If any contractor shows any kind of indifferent attitude, the principal employers are at liberty to take such action against them as advised in law.

f) The contractors shall file necessary affidavits with the principal employers who in turn shall supply it to the

Union of India as well as to the Govt. of NCT of Delhi stating therein that workmen are eligible for registration and also indicating whether they have already been registered or not.

g) The affidavits filed by the contractors would not be final and eligibility facet qua a workman shall be inquired into by the Labour Commissioner by constituting an appropriate body.

h) The State Government shall revamp and revitalize the office of the Labour Commissioner as the said authority is required to carry out such an exercise.

i) The NDMC shall pay a sum of Rs.3 lakhs to the legal representatives of the workman Mukesh Yadav, who had died in the accident while working for the NDMC towards compensation on adhoc basis, subject to final orders by this Court.

j) The Delhi Building and Other Construction Workers Welfare Board/Respondent No.9 shall file requisite affidavits stating, inter alia, how many registered workers have been provided the health benefits as there is a scheme for providing health benefits to the registered workers.

k) The cess collected by the principal employers shall be

deposited with the Delhi Building and Other Construction Workers Welfare Board/Respondent No.9 within six weeks, if not already deposited.

l) The competent authority of the Delhi Building and Other Construction Workers Welfare Board/Respondent No.9 shall file an affidavit stating about the amount of cess received from the principal employers and the amount that is due to be received.

m)The affidavit filed by the State Government has only stated that 45 deaths had occurred but no details have been given in respect thereof. The State Government shall file a further affidavit indicating the names of the workers and the place in respect of aforesaid 45 deaths and a copy thereof shall be supplied to Mr. Tariq Adeeb, learned counsel assisting Mr. Gonsalves, learned senior counsel.

n) Mr. Subhas Bhatnagar and Mr. Amjad Hassan shall extend their fullest cooperation at the time of registration when intimated by the competent authority nominated by the Labour Commissioner.

19/1/2011 It was submitted by the Counsel The Court directed the Board to for petitioner that the figures devise a rational, logical and representing workmen availing the acceptable scheme to reach out to

benefits are far from being the workers and an awareness satisfactory and pointed out that drive should be launched. For the 13,000 applications are still purpose of explaining the benefits, pending. a holistic scheme shall be filed before this court within two weeks.

23/2/2011 A a status report has been filed by The Court with regard being had the Joint Commissioner, Labour, to the deliberations that took place Government of National Capital in course of hearing and keeping in view the broader canvass, Territory of Delhi. On a perusal of issued the following directions:

the said report, the following aspects come to the surface. a. All the principal employers who had engaged contractors, i. Between last date of hearing viz., DIAL, DMRC, MCD, and today approximately DDA, PWD, CPWD, All India 9000 workers have been Tennis Association, DU, registered and 12765 children NBCC, ONGC, AIR/CCW, NDMC and RITES shall have been extended the provide the soft copies of the benefit as provided under the list of contractors and the scheme to pursue their employees to the Welfare education. Board within six weeks from today.

ii. the learned Standing Counsel for the GNCTD and the b. It shall be the duty of all the Board has submitted that principal employers mentioned above to issue notice to the efforts are being made that contractors to furnish the all the registered workers to names and the addresses in extend the benefit under the details and the workers Act and the Rules framed engaged by them and their sub- thereunder at the appropriate contractors as it is the time. responsibility of the principal employers and the contractors.

c. While issuing notice to the contractors, it shall be stated that as per the order passed by this Court, the employer is under obligations to issue the notices and the non-

compliance of the same would make the contractor liable to face adverse consequences as

provided in law.

d. The Director General, Labour Welfare of Union of India shall convene a meeting of all the principal employers, officers of the Board, Labour Secretary, Chief Labour Commissioner, Additional Labour Commissioner and other persons who are responsible on behalf of GNCTD and all the trade unions, the names of which shall be supplied by Mr. Tariq Adeeb, learned counsel for the petitioner, Mr. Bhatnagar and Mr. Amjad Hassan to Mr. Sanjeev Sachdeva, learned counsel for the Union of India within two days. The Member Secretary of Delhi Legal Services Authority along with Officer on Special Duty shall be requested by the Director General, Labour Welfare of Union of India to attend the meeting.

e. In the meeting, the Director General, Labour Welfare, Ministry of Labour and Employment, Union of India shall point-wise lay the postulates how the problem that has occurred can be addressed and the workers can obtain their statutory benefit.

f. The Chief Engineer of MCD shall visit the linking GT Road with Badli Industrial Area (Auchandi Road) within seven days so that he can find out whether 80 workmen, who were working under the contractor have not yet been

registered and if that is the position, shall take appropriate action without any delay or excuse.

g. The principal employers, who have collected cess from the contractors under Section 3 of the Building and Other Construction Workers Welfare Cess Act, 1996 shall deposit the same with the appropriate authority under the said Act within six weeks.

h. The Board shall accentuate and accept its activities so that the workers can really get the benefit. Any kind of recalcitrant attitude in this regard would be unacceptable.

The Board shall keep the same in mind and not only go on doing paper work, for neither a paper tiger or a solace on paper is of any benefit under any circumstances. It is like an executable decree on paper without any fruitful result which is comparable to the photo of a roaring tiger that does not actually roar.

i. The Member Secretary of the Board shall file an affidavit duly sworn in showing how many claims have been effectively implemented for the simon pure reason that it is always implementation, which makes the law respectable.

20/04/2011 The Court recalling its directions in order dated 23/2/2011 recorded

the compliance with the same respectively :

a. The Court was apprised by learned standing counsel for the Government of NCT of Delhi as well as the Welfare Board that certain informations have been given by DIAL, MCD, DDA and CPWD.

Mr.Waziri submitted that there are certain defects in supplying of the said copies. The Court further stated that Welfare Board could have done this on its own though the said principal employers are not parties to the case as that is the statutory function of the Board.

It is really shocking why the Welfare Board is taking steps at the pace of a tortoise.

b. With respect to direction B & C the court recored the statement of Counsels for concerned parties that the names of almost all workers have been supplied by them.

c. As per the direction a meeting was convened where the following decisions were taken:

i. A small Group consisting of Assistant Labour Commissioner from Labour Department of Delhi Government and two representatives from petitioner?s organizations be constituted. Shri B.B.

Bhatnagar, Regional Labour Commissioner (Central) will act as Chief Coordinator of the Group. The Group will

identify the locations and visit such locations to ascertain nature of the problems on each of these locations. The Group will also interact with the principal employer but the principal employer will not be the part of Group. The Group members will be given an authorization letter by the Chief Labour Commissioner/State Labour Commissioner for visiting the sites. The Group will complete its task within one month. The Group need not wait for completion of one month time. It will submit its report in intervals as and when it visits the locations.

This report will be submitted to Dy. Director General, Labour Welfare, who will coordinate these activities at the Central level.

ii. On the basis of suggestions received from the representatives of petitioners, it was decided that the DLF multilevel parking should be taken up as the first site for evolving an action plan which can then be replicated as more and more site get identified by the Group constituted above.

iii. A camp will be organised on 29th March, 2011 at 1100 hrs. at DLF site for registration of construction

workers. NDMC, the principal employer, will provide the workers related data on excel sheet to the State Welfare Board.The Welfare Board will sent necessary registration forms in advance and they shall be filled by the NDMC.

NDMC will also get the workers photographed in advance and those that remain will be photographed during the camp. In order to certify the date of birth of the workers, Notary will be arranged by Delhi Legal Services Authority. Pass book will be issued to the workers on the spot on the day of registration itself.

iv. Pamphlets containing details of welfare schemes will also be provided to the workers at the camp site. The workers Union agreed to assist in providing information about different welfare schemes and facilities to the workers.

v. After 15 days of the camp, a camp for providing smart cards under RSBY will be organised at the DLF multilevel parking site itself.

For this necessary groundwork will be done by the State Welfare Board as the first step towards providing social security to such workers.

10/08/2011 It was submitted that at various The Court noted that the DMRC sites the workers are not registered has incorporated a clause in its and are not getting the minimum agreement in its that a contractor is wages and camps shall be liable for registration of its organized to make them aware of workers under the Act with their entitlements under the Act. Welfare Board.

The Court directed that DDA, NDMC, PWD, MCD, DAIL and all other organizations who have entered into contracts, shall incorporate such a clause in future. In the existing contracts they shall deliberate with the contractor and incorporate such a clause as this kind of a clause is required to be incorporated regard being to the nature of the statute.

6. A glimpse of the aforesaid directions would demonstrate that adequate measures have been taken and the rights which accrued to the workers engaged in the construction activity for CWG-2010 have been taken care of. It would also be important to point out that all the respondents and Government agencies did not treat this petition, going by the spirit thereof, as adversarial and during the proceedings, gave their full cooperation to ensure that the construction workers get their legitimate dues.

7. Though, in the aforesaid manner, the present petition has served its purpose, yet the parties were unanimous in their positive approach to ensure that such things do not recur again and, therefore, some mechanism must be in place which would ensure that the rights under the Act are secured by the construction workers and they are able to get their dues. In this behalf, not only the petitioners but even

respondents came forward to give their suggestions which we highly appreciate. In so far as petitioners are concerned, they have mentioned that total construction workers who were involved in CWG-2010 were 111019 since cost of construction was Rs.70000 Crores. The Cess which should have been collected under the aforesaid Act comes to Rs.700 Crores. However, as per the affidavits of the respondents, total Cess collected is Rs.200 Crores. Notwithstanding the same, total Cess amount which is available with the Board, i.e. general plus CWG-2010 Cess, is Rs.780 Crores. Total workers (CWG-2010 plus others) registered as per the Labour Department are 65356. However, it is not mentioned as to what welfare benefits are given to these workers. Mr. Gonsalves, learned senior counsel appearing for the petitioners, referred to the judgment of Supreme Court in People's Union for Democratic Rights & Ors. v. Union of India & Ors., (1982) 3 SCC 235 wherein the Court had noticed similar plight of these workers during Asiad Games which held in the year 1982 in the following words:

"16. Having disposed of these preliminary objections, we may turn to consider whether there was any violation of the provisions of the Minimum Wages Act 1948, Article 24 of the Constitution, the Equal Remuneration Act 1976, the Contract labour (Regulation and Abolition) Act 1970 and the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 by the contractors. The Union of India in its affidavit in reply admitted that there were certain violations committed by the contractors but hastened to add that for these violations prosecutions were initiated against the errant contractors and no violation of any of the labour laws was allowed to go unpunished. The Union of India also conceded in its

affidavit in reply that Re. 1/- per worker per day was deducted by the jamadars from the wage payable to the workers with the result that the workers did not get the minimum wage of Rs. 9.25 per day., but stated that proceedings had been taken for the purpose of recovering the amount of the short fall in minimum wage from the contractors. No particulars were however given of such proceedings adopted by the Union of India or the Delhi Administration or the Delhi Development Authority. It was for this reason that we directed by our order dated 11th May 1982 that whatever is the minimum wage for the time being or if the wage payable is higher than such wage, shall be paid by the contractors to the workmen directly without the intervention of the jamadars and that the jamadars shall not be entitled to deduct or recover, any amount from the minimum wage payable to the workmen as and by way of commission or otherwise. He would also direct in addition that if the Union of India or the Delhi Administration or the Delhi Development Authority finds and for this purpose it may hold such inquiry as is possible in the circumstances that any of the workmen has not received the minimum wage payable to him, it shall take the necessary legal action against the contractors whether by way of prosecution or by way of recovery of the amount of the short-fall. We would also suggest that hereafter whenever any contracts are given by the government or any other governmental authority including a public sector corporation, it should be ensured by introducing a suitable provision in the contracts that wage shall be paid by the contractors to the workmen directly without the intervention of any jamadars or the kadars and that the contractors shall ensure that no amount by way of commission or otherwise is deducted or recovered by the Jamadars from the wage of the workmen. So far as observance of the other labour laws by the contractors is concerned, the Union of India, the Delhi Administration and the Delhi Development Authority disputed the claim of the petitioners that the provisions of these labour laws

were not being implemented by the contractors save in a few instances where prosecutions had been launched against the contractors. Since it would not be possible for this Court to take evidence for the purpose of deciding this factual dispute between the parties and we also wanted to ensure that in any event the provisions of these various laws enacted for the benefit of the workmen were strictly observed and implemented by the contractors, we by our order dated 11th May 1982 appointed three Ombudsmen and requested them to make periodical inspections of the sites of the construction work for the purpose of ascertaining whether the provisions of these labour laws Averse being carried out and the workers were receiving the benefits and amenities provided for them under these beneficent statutes or whether there were any violations of these provisions being committed by the contractors so that on the basis of the reports of the three Ombudsmen, this Court could give further direction in the matter if found necessary. We may add that whenever any construction work is being carried out either departmentally or through contractors, the government or any other governmental authority including a public sector corporation which is carrying out such work must take great care to see that the provisions of the labour laws are being strictly observed and they should not wait for any complaint to be received from the workmen in regard to nonobservance of any such provision before proceeding to take action against the erring officers or contractor, but they should institute an effective system of periodic inspections coupled with occasional surprise inspections by the higher officers in order to ensure that there are no violations of the provisions of labour laws and the workmen are not denied the rights and benefits to which they are entitled under such provisions and if any such violations are found, immediate action should be taken against defaulting officers or contractors. That is the least which a government or a governmental authority or a public sector corporation is expected to do in a social welfare state."

8. He also referred to the directions given by the Supreme Court vide its order dated 7.2.2010 in directing all State Governments to implement the Act fully and pointed out that inspite of the aforesaid directions, no meeting of Delhi Board had been held for over nine months. Mr.Gonsalves also referred to orders dated 10 th July, 2012 passed by the Regional Provident Fund Commission (North) and orders dated 29th July, 2011 passed by the Regional Provident Fund Commission (South). These orders reflect that inquiries under Section 7A were initiated by the RPFC against various establishments for determination of dues in respect of employees engaged by the establishments for construction of CWG-2010 site projects and a sum of Rs.54,57,34,315/- and Rs.592,76,54,931/- respectively was found due. Learned senior counsel also drew our attention to Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 which imposes obligation on the principle employer to pay the wages in case the contractor fails in making payment of wages to the contract workers. It is also pointed out that CAG audit by the Delhi Building and Other Construction Workers Welfare Board is being done by the Labour Department. In order to take care of the existing construction workers in Delhi, the figures given by the petitioners are as under:

"The estimate of construction labourers in Delhi is 10,00,000. 20% of construction workers are women. Taking a conservative estimate of the number of construction workers families at 4,00,000 and an estimate of 2 children per family, the number of construction worker children would be about 8,00,000. As against this, the Additional Labour Commissioner has informed

that „financial assistance during the last 3 years benefitted 37,553 children‟. This statement is deliberately misleading because it gives the impression that 37,553 children were given their financial assistance every year which is not true. Therefore, the number of getting financial assistance every year is less than this figure. Further, all these 37,553 children are from the Director (Education) Schools of NCT Delhi. Not a single child from the MCD, NDMC, Cantonment Board and Higher Studies have been granted financial assistance.

Additional Labour Commissioner has now informed that benefits regarding maternity, pension, advance for purchase or construction of house, disability pension benefit, loan for purchase of tools, funereal assistance, natural death, accident death, financial assistance for marriage and family pension have been increased and notified. None of these enhanced benefits have been advertised on Air or Doordarshan and, as a result, these revised benefits remain only on paper.

The benefits regarding financial assistance for the education of the children of construction worker has, however, not been increased. The rates fixed under the 2002 Rules (which are obsolete particularly in view of the rapidly rising education fees) are as follows:

                 (i)   Class-I to Class-VIII is        Rs.100 per month
                 (ii)  Class-IX to Class-X is          Rs.200 per month
                 (iii) Class-XI to Class-XII is        Rs.500 per month
                 (iv)  Graduation level is             Rs.1500 per month
                 (v)   ITI Courses                     Rs.1500 per month
                 (vi)  Polytechnic Diploma             Rs.2500 per month
                       (Three year Courses)
                 (vii) Technical courses such as       Rs.5000 per month.
                       Engineering, Medicine, MBA

On the aforesaid terms, following directions are sought:

(i) For an order directing the Regional Provident Fund Commissioner, Delhi (North) and the Regional Provident Fund Commissioner, Delhi (South) to investigate in respect of the provident fund of all the Commonwealth Game Workers and to make appropriate orders in accordance with the provisions of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 and take further action in accordance with law;

(ii) For an order directing CAG to complete an audit in respect of the Delhi Building and Other Construction Workers Welfare Board and to submit its report to this Hon'ble Court within two months from today;

(iii) For an order directing the Delhi Building and Other Construction Workers Welfare Board to forthwith identify the 8 lakh children of construction labourers in Delhi and to disburse the financial assistance for education to all of them within 6 months from today;

(iv) For an order directing the Government of NCT of Delhi to prominently advertise on prime time on AIR and Doordarshan the revised benefits available and further that applications by construction workers for benefits can be made at all the 9 district offices headed by Deputy Labour Commissioner. For a further order that all applications made shall be considered and disposed of within one month.

(v) For an order directing the financial assistance for the education

of children of construction workers be increased three times.

9. The petitioners have also given various suggestions for amendment in Rules and registrations of the establishments during construction work in order to streamline the system, which is as under:

Suggestion

266. Membership.- Every building Rule 266: regarding Membership workers who has completed should be reframed making it eighteen years of age but has not mandatory for the principal completed sixty years of age and employer to make all the who is not a member in any other employees of the principal welfare fund established under any employer, the contractor and sub law for the time being in force and contractors members of the who has completed ninety days of Welfare Board automatically on service as a building worker in the commencement of work and to year immediately preceding shall ensure that such membership is be eligible for membership in the renewed automatically. Fund.

Remarks: The rule lays down a (2) A Certificate to prove age as cumbersome procedure where the specified below, shall also be burden is on the worker to fulfill submitted along with the the formalities of becoming a application:- member. The rule requires firstly a worker to produce a proof of age,

(i) School records.

secondly certificate of employment

(ii) Certificate from the Registrar of certified by the employer or Births and Deaths. contractor. This procedure should be simplified and a twofold

(iii) In the absence of the above approach may be adopted wherein certificates, a certificate from a a worker can avail the membership Medical Officer not below the rank himself and primarily it shall be of an Assistant Surgeon in the responsibility of the employer Government Service. or contractor to fulfill the formalities.

(3) Certificate from the employer or contractor that the applicant is a construction worker shall be produced alongwith the application for registration. In case such a certificate is not available, a certificate issued by the registered construction workers unions or a certificate issued by Assistant Labour Commissioner of the concerned area or by the Executive Officer of the Panchayat may also be considered.

(4) Every building worker eligible to become a beneficiary to the Fund shall submit an application in Form No.XXVII to the Secretary or to an officer authorised by him in this behalf. Every such application shall be accompanied by the documents mentioned in this rule and a

registration fee of twenty five rupees.

10. Learned counsel for the DDA referred to the definition of „employer‟ and „establishment‟ and on that basis submitted that the aim of the Act is to treat the entity which is directly responsible for the construction activity to be an „employer‟ and the Government/ department/authority/legal authority would be treated as „employer‟ only when the building or construction work is carried out directly without any contractor. According to the learned counsel, this was the position accepted by the Supreme Court in Dewan Chand Builders and Contractors v. Union of India & Ors., (2012) 1 SCC 101 wherein, after analyzing the Act, the Court held as under:

"The BOCW Act and the Cess Act break new ground in that, the liability to pay Cess falls not only on the owner of a building or establishment, but under Section 2(i)(iii) of the BOCW Act

'in relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor.'

The extension of the liability on to the contractor is with a view to ensure that, if for any reason it is not possible to collect Cess from the owner of the building at a stage subsequent to the completion of the construction, it can be recovered from the contractor. The Cess Act and the Cess Rules ensure that the Cess is collected at source

from the bills of the contractors to whom payments are made by the owner. In short, the burden of Cess is passed on from the owner to the contractor."

(emphasis supplied)

11. Therefore, his submission was that there is no concept of „principal employer‟ under this Act and thus, the entire responsibility was that of the contractor. In this view, the suggestions of the DDA, as given, are as under:

(i) The Act in Section 12 sets out the eligibility of building workers for being registered and requires an application to be made for such registration.

(ii) It is clear that registration of building workers as beneficiary is not mandatory. It is optional at the instance of the building workers.

(iii) As per Section 14, a building worker to continue as beneficiary has to, inter alia, be engaged in building or other construction work for much less 90 days in a year. Moreover, as per Section 16, a building worker who has been registered as a beneficiary is required to contribute to the fund as may be prescribed.

(iv) If the beneficiary has not paid his contribution under Section 16 for a period of one year, he ceases to be a beneficiary.

(v) The process of registration and maintaining the registration is affected by various factors, inter alia, including the following: a. Majority of the workers are out of Delhi; b. Majority of the workers are illiterate; c. Generally there is no permanent address of such workers;

they move from construction site to construction site within Delhi or outside Delhi depending on availability of work; d. Building/construction work by its nature is temporary and the nature of relationship between an „employer‟ and a „building worker‟ is also temporary.

(vi) Therefore, the Act casts responsibility for seeking and maintaining the registration as a beneficiary on the building worker. That being the legislative intent, the Courts would refrain from casting any responsibility on the „employer‟ which is contrary to the specific provisions of the Act whether in the manner as petitioner seeks in this writ petition or otherwise. This is possible only after the legislature amends the Act.

12. As pointed out above, Government of NCT of Delhi has also given the following suggestions:

(i) Registration of construction workers: At present, under Section 12 of the Act, registration of construction workers is done after he has completed 90 days of work in the preceding one year. This limitation of 90 days work experience is acting as a impediment in registration process as large number of construction workers either do not qualify or contractors do not allow them to complete 90 days of work because they feel that their records and number of workers employed by them should not come on Government records for various reasons. Therefore, it is proposed that this condition be done away with by amending the main Act. Action is required by Government of India in this respect.

(ii) Self Certification by worker for registration: There is no procedure presently for certification of employment in respect of self employed construction workers due to which they face problem in certification of their employment. Due to this reason, large number of self employed construction workers are left out and deprived of various benefits of the schemes of the Board. It is proposed that necessary amendment be made in the Act by incorporating self-certification of profession/ employment by construction worker himself. Action is required by Government of India in this respect.

(iii) Validity of registration: At present, registration of construction worker is valid for one year only, which is required to be renewed every year. However, the experience shows that most of the construction workers do not deposit their subscription on time due to migratory nature of work, which leads to expiry of their membership with the Board and as a result deprives them from claiming various benefits from the Board. Therefore, it is suggested that registration may be valid for a period of 5 years with one time superscription. Necessary amendments be made in the Act and action is required by Government of India in this respect.

(iv) Probability of membership with other construction boards:

Presently, there is no coordination/synchronization between various State Construction Boards which means worker contributing his subscription in one State Board is not valid in other State Boards and on transfer or migration, he cannot avail

benefits of other State Boards unless he becomes member/ beneficiary of that State Board. It is, therefore, proposed that registration of construction workers should have portability on the lines of RSBY scheme. Necessary amendments need to be made in the Act including issuance of smart/biometric card. Action is required by Government of India in this respect.

(v) Registration of workers to be made mandatory: Presently, as per Section 12 of the Act, the registration of worker with the Construction Board is voluntary in nature which means it is up to the worker to become member of the Board or not. Due to this reason, large number of workers do not opt to become member of Construction Board due to various reasons including lack of awareness regarding various welfare benefits which he would be entitled after registration with the Board. It is proposed to make the registration of workers mandatory on the lines of EPF and ESI Act for which necessary amendment is required to be made in the Act by Government of India.

(vi) Incorporating a separate clause in agreement of the contractor: In order to ensure registration of construction workers with the Construction Board, a separate clause to be incorporated in agreement between the Principal employer and the contractor, thereby casting responsibility on the contractors to ensure registration of construction workers with the Board right at the time of their employment. The onus of compliance to be strictly supervised by the Principal Employers. In case of default/breach of this clause, penalty to be imposed on

Principal Employer as well as on the contractor. For this, necessary amendment be made in the Act and action is required on the part of Government of India.

(vii) Enhancing registration of construction workers: In order to give boost to registration of construction workers employed either directly by Government/PSU agencies or through various contractors as the case may be, officers of appropriate level of the Government/PSU may also be authorized to register construction workers working for them. This will help the workers to get them registered at their working place itself. Intimation in this regard be supplied to construction board through need based IT formatting/software.

(viii) Enhancement of various welfare schemes of the Board (Petitioner's proposal): Financial entitlement prescribed under Delhi Rules, 2002 were found to be very low/minimal and accordingly Expert Committee was constituted by Delhi Government to examine and propose suitable enhancements of various welfare schemes. The Committee submitted its report for enhancement and accordingly the Government accepted the same and 10 numbers of schemes have been enhanced and the same have been gazette notified on 10.02.2012. This action of enhancement of various welfare schemes addresses the proposal/suggestions given by the petitioner side.

(ix) Enhancement of limit of administrative expenditure - 5%:

Presently as per Section 24(3) of the Act, no Board can spend more than 5% of its total expenses during the financial year on

administrative expenses. This limitation of expenditure on administrative issues is acting as a problem for establishment and providing adequate infrastructure in terms of equipment, machinery or manpower. Due to this problem, Delhi Construction Board has not been in a position to strengthen the establishment and provide adequate infrastructure and manpower for smooth functioning of the board. Experience shows that same and similar problems are being faced by other State Boards. It is proposed to enhance this limit to 20% from existing 5% for which necessary amendment is required in the Act and action is required to be initiated by Government of India.

(x) Exemption of Income Tax on Cess Funds: At present, there is no clarity on the issue of applicability of income tax liability on cess funds. The Act of 1996, the Welfare Cess Act, 1996 and Cess Rules, 1998 have no provision in this respect. Cess funds of Delhi Building and Other Construction Workers Welfare Board have been subjected to income tax liabilities by Commissioner Income Tax Delhi and an amount of Rs.60 Crores have been recovered by way of bank attachment from Cess funds of the Board. The Board has filed an appeal against this recovery in the Court of Income Tax Appellate Tribunal and the issue is being contested by the Board. The Board has also filed an application under Section 10(46) of the Income Tax Act, 1961 before CBDT requesting for total exemption of income tax on cess funds of the Board. This issue has drained

out an amount of Rs.60 crores from cess funds and has imposed upon the Board unwarranted litigation which consumes lot of time, manpower and money to be paid to lawyers defending interest of the Board. It is therefore proposed to make necessary amendments in the Act as well as Cess Act and Rules granting total exemption of income tax on cess funds including filing of income tax returns to income tax authorities.

13. The Central Government through its counsel has also given issue-

wise suggestions which are as under:

       A.        Non-payment of minimum wage
       A.1       Apart from the enforcement procedure pertaining to inspection

and prosecution, the issue of non-payment of minimum wage can be redressed by making payment of wage through the Bank. This would ensure that there is a record of the amount paid.

A.2 The payment deposited in any bank would be accessible through an ATM of the bank.

A.3 The registration card of the worker or even a certificate from a registered trade union could facilitate the opening of a bank account.

A.4 The banks to provide the facility of zero balance accounts and cost free ATM.

A.5 The problem in this method is that under the existing framework of the law, the payment has to be made in currency or coin.

A.6 Some employees are making payment only through bank. A.7 The penalties provided under the statute are now unrealistic as the quantum of punishment and fine that has been fixed by the statutes was fixed many years ago and has with the rise in inflation and increase of cost has become miniscule and needs an upward revision.

A.8 The settlement of claim case and prosecution in some instances take a substantial time and in the meantime the worker changes the place of work or residence and as such does not get the benefit of the claim or is not available for availing the benefit. A.9 Directions could be issued to the authorities to dispose of claim cases and prosecutions under labour laws within a stipulated period.

A.10 Illiteracy of the workers coupled with unscrupulousness of the employers is the most important factor contributing to the ignorance of the workers about the minimum rates of wages fixed by the Government. This ignorance in turn induces them to accept whatever wages are paid. It is, therefore, necessary that the Government (Central as well as State) devises and adopts a policy to give wide publicity to the minimum rates of wages through print and electronic media at regular intervals and also through other means.

A.11 Government should therefore, make it mandatory to outrightly reject tenders quoting prices where the component of wages and other allied benefits based on wages such as provident fund, Employees State Insurance, bonus, gratuity, etc. are

calculated at less than the minimum rates of wages. A.12 The mobility of workers from one project/site to another has fast increased. The workers who were seen at one place a few days back are not noticed there today. It becomes difficult to trace them once they have left the site. Unfortunately, no registers/records maintainable by the employer under the Minimum Wages Act, 1948 or the rules framed thereunder require the local and/or permanent addresses of the workers to be recorded thereby making it difficult at times for any amount to be remitted to them in compliance with an inspector‟s/court‟s/authority‟s order. The local as well as permanent addresses of the employees should be required to be recorded by the employer through an amendment of the Act/Rules.

       B.        Benefit of Cess
       B.1       The Cess collected under the Act is not to be disbursed to the

workers as is the misconception of the petitioners. B.2 The Cess is collected to create a corpus for the implementation of the various schemes to be formulated by the State Government. No cash disbursement is to take place to the workers.

B.3 The problem in grant of benefit is that as per the scheme as formulated by the Government, the worker has to first complete the mandatory period of 90 days to be eligible for registration. B.4 The act of registration is voluntary and is not mandatory. B.5 The worker has to make initial and regular contributions and

has to keep the registration alive to avail the benefits. B.6 To avail the benefit the worker has to make the application to the board and if the worker is found eligible then the benefit can be granted.

B.7 The period of 90 days could be waived for the purposes of registration. However, for availing the benefits, the period of 90 days could be insisted upon.

B.8 It could be made mandatory for the employer/contractor to ensure registration. Like in cases of registration of births, the onus is on the hospitals to ensure registration. The onus could be placed on the contractors/principal employer to compile the data and register the workers within a stipulated period of the commencement of work.

B.9 The Labour unions could help in taking up the task of registration of workers.

       C.        Mobility of Workers
       C.1       The Cess collected and the registration of workers is with the
                 State authorities.
       C.2       The workers at times come from other States and work in Delhi

like during the Commonwealth projects. The Cess is collected by the State Government and given to the Board constituted under the Delhi Act.

C.3 The mobility of the workers and their registration would imply that the benefits under the schemes are available to the workers from other States even if they migrate and go to other States. This may have a problem as the other States may not agree to

provide benefits to the workers who have not worked in their State unless there is reciprocity and sharing of the Cess.

       D.        Payment of Bonus
       D.1       Under Section 19(b) of the Payment of Bonus Act, 1965, bonus

is payable within a period of 8 months from the close of the accounting year meaning thereby if an employee has worked in an establishment till, say 31st May, 2011, bonus is payable to him within 8 months from 31st March, 2012 i.e. by 30.11.2012. Given the duration of 18 months since he left employment, it is most unlikely that the worker will be available to receive the bonus. Even there are chances that the construction activity might have come to an end and, therefore, the employer may not even be traceable.

D.2 It is, therefore, desirable that the local and the permanent addresses of the employees should be required to be maintained by the employer under the Act through an amendment and the bonus should be required to be remitted by him to the employees at their recorded addresses when bonus is declared after close of the accounting year.

D.3 Additionally, the law should be amended to provide for payment of minimum bonus @ 8.33% of wages every month to the employee so that the employees are paid the minimum bonus on pro rata basis before they leave the place of employment or the employer becomes untraceable, as the case may be.

E. Lack of safety equipment and proper working conditions

E.1 The responsibility should be fastened on the principal employer to ensure strict compliance with the laws pertaining to provision of safety equipment and proper working conditions. E.2 It should be part of the contract conditions that the laws pertaining to provision of safety equipment and proper working conditions have to be strictly complied with by the contractor, failing which the principal employer should be authorized to deduct the amount from the bill of the contractor and make available the same.

F. Strict compliance with the Labour Laws F.1 One of the reasons for non-compliance of the labour laws is the delay in finalization of the claim cases and prosecutions and the ultimate quantum of fines prescribed. F.2 Appropriate directions could be issued to the authorities/ courts to dispose of the labour cases within a stipulated time. F.3 Directions could be issued to the appropriate Government to revise and re-fix the quantum of fines so that the fines are more meaningful and act as a deterrent.

F.4 The quantum of fine prescribed in an Act for violation of various provisions of that Act remain the same without being revised for years together thereby diluting the deterrent effect substantially due to the inflationary pressure.

14. Respondent No.9 Delhi Workers Welfare Board has also given certain suggestions which are as under:

1. Registration of construction Suggestion/Change workers:-

At present, under section 12 of the Main Act, 1996, registration of construction workers is done after he has completed 90 day of work in the preceding one year. This limitation of 90 days work experience is acting as a Therefore, it is proposed this condition impediment in registration process as be done away with by amending the large number of construction workers Main Act. Action is required by Govt, either do not qualify or contractors do of India in this respect.

not allow them to complete 90 days of work because they feel that their records and no. of workers employed by them should not come on Government, records for various reasons.

2. Self Certification by worker for Suggestion/Change registration:-

There is no procedure presently for It is proposed that necessary certification of employment in respect amendment be made in the Main Act of of self employed construction workers 1996 by incorporating self certification due to which they face problem in of profession / employment by certification of their employment. Due construction worker by himself. Action to this reason large number of self is required by Govt, of India in this employed construction workers arc left respect. out and deprived of various benefits of the schemes of the Board.

3. Validity of registration:- Suggestion/Change

At present registration of construction Therefore, it is suggested that worker is valid for one year only, registration may be valid for a period which is required to be renewed every of 5 years with one time subscription. year. However, the experience shows Necessary amendments be made in die that most of the construction workers Main Act, 1996 and action is required do not deposit their subscription on

time due to migratory/ nature or' work, by Govt, of India in this respect. which leads to expiry of their membership with the Board and as a result deprives them from claiming various benefits from the Board.

4. Portability of membership with Suggestion/Change other construction boards:-

Presently, there is no coordination / It is therefore, proposed that synchronization between various state registration of construction workers construction boards. Which means should have portability on the lines of worker contributing his subscription in RSBY Scheme. Necessary amendments one state Board is not valid in other to be made in the Main Act, 1996 stale Boards and on transfer or including issuance of smart / biometric migration he cannot avail benefits of card. Action is required by Govt of other state Boards unless he becomes India in this respect. member / beneficiary of that state Board.

5. Registration of workers to be Suggestion/Change made mandatory:-

Presently, as per Section 12 of Main It is proposed to make the registration Act. 1906. the registration of worker of workers mandatory on the lines of with the construction Board is EPF and ESI Act for which necessary voluntary in nature which means it is amendment is required to be made in upto the worker to become member of the Main Act by Govt, of India. the Board or not. Due to this reason large number of workers do not opt to become member of construction board due to various reasons including lack of awareness regarding various welfare benefits which he would be entitled after registration with the Board.

6. Incorporating a separate clause in Suggestion/Change agreement of the contractor:-

There is a need to ensure that all In order to ensure registration of construction workers are registered construction workers with the with the Board. It is not clear as to construction Board, a separate clause to whom the responsibility of registering be incorporated in agreement between the workers lies upon. the Principal employer and the contractor, thereby casting responsibility on the contractors to ensure registration of construction workers with the board right at the time of their employment. The onus of compliance to be strictly supervised by the Principal Employers. In case of default / breach of this clause penalty to be imposed on Principal Employer as well as on the contractor. For this necessary amendment be made in the Main Act and action is required on the part of GOI.

7. Enhancing registration of Suggestion/Change construction workers:-

To augment the registration of workers In order to give boost to registration of at every place there is a need to adopt construction workers employed either simplified procedures and approach. directly by Govt./ PSU agencies or through various contractors as the case may be, officers of appropriate level of the Govt. / PSU may also be authorized to register construction workers working for them. This will help the workers to get them registered at their working place itself. Intimation in this regard be supplied to construction board through need based IT formatting / software.

15. Some suggestions have also come from a non-registered society consisting of 25 students of the National Law University, Delhi to the following effect:

a. As per the existing provision, Section 12 of the Act along with Rule 26 of Delhi BOCW Rules, 2002, the responsibility of registration along with the payment of the prescribed registration fee falls on the workers. Therefore, the registration process must be simplified for the benefit of the workers. The burden of registration must be placed on the employer as these workers are socially and economically disabled. Majority of them are ignorant about these provisions and would be unable to finish the registration process as they are illiterate or uneducated. Furthermore, since the workers are largely migratory, they often do not possess the requisite documentary evidence and face language barriers. In case of daily wage labourers, the completion of this long drawn process of registration would result in loss of wages for approximately 10 days. Therefore, a system must be devised wherein the management assists the workers to be registered for availing their statutory entitlements, non-compliance of which would frustrate the purpose of the Welfare Board and the cess collector under the BOCW Welfare Cess Act, 1996. b. Additionally, if the employer fails to facilitate the process of registration for the worker, the existing provision of Section 8 of the Act would result in the revocation of this Act. This would place a compelling duty on the management to register the workers and maintain individualized electronic database of each

worker which can be used for multiple purposes across closely interrelated labour legislations. c. Section 16 of the Act along with Rule 267 of the Delhi BOCW Rules, 2002 require the registered workers to contribute Rs.20/- per year, non-payment of which can result in cancellation of his registration under Section 17 of the Act. The beneficiary may resume his membership upon payment of arrears along with a fine of Rs.2/- per month. Such a provision is in conflict with the purpose of the Act.

d. According to Section 30 of the Act read with Rule 241 of Delhi BOCW Rules, an employer is mandated to maintain a muster roll, a register of wages etc. containing the names and wages paid to these workers. However, due to the laxity of the employers, the muster rolls are not properly maintained. For instance, in the L&T Site in Section 16-B, Noida, only 300 workers are enrolled on the muster roll, although approximately 3000 workers are employed on that particular construction site. Therefore proper records of the total number of employed workers must be maintained by the employers which should be regularly inspected by the labour inspector.

e. According to Section 12(b) of the Inter-State Migrant Workers Act, 1976, a contractor must issue a passbook to every migrant worker who is employed, which must contain the name and place of establishment along with the period of employment. Therefore, for the purposes of Section 12(1) of the Act along with Rule 266(1) of the Delhi BOCW Rules, this passbook must be

considered as a sufficient record for proving the previous employment of 90 days by the worker. f. According to Section 15 of the Act along with Rule 268 of Delhi BOCW Rules, every employer shall maintain a monthly record of the number of workers who are required to be registered and the total number of workers employed at the close of that month. These records must be regularly maintained by the employers and should be submitted to the Secretary or any other officer as per the requirements of Form XXX, Delhi BOCW Rules, 2002. This requirement has not been fulfilled by the employer and should be effectively enforced.

g. Therefore the obligation of contractors under the Inter-State Migrant Workers Act, 1976 read with the employers‟ responsibility of maintaining a muster roll makes it clear that there is a statutory duty on the management to have an authentic database in respect of workers. However, these statutory obligations have been grossly flouted.

16. In view of the above submissions, the students of NLU sought the following orders/directions:

a. For issuing appropriate directions to the State Government to re-

frame rules in consultation with trade unions and academic institutions like National Law University, Delhi to facilitate proactive enrolment of workers so that the accumulated Welfare Cess Fund is utilized for achieving the statutory objectives.

b. For issuing appropriate directions to the State Governments to

have simpler registration process for the workers mandating the employers to conduct the same.

c. For issuing appropriate directions to the employers to regularly maintain proper muster rolls as per the provisions of the Act. d. For issuing appropriate directions for the appointment of an Enquiry Commission for computing the total number of registered workers in registered establishments in the NCT region and estimate the total monetary value of the Welfare Fund which is expended for the welfare of these workers every year. e. For issuing appropriate directions to the labour inspectors to inspect the file returns of the employers indicating the number of registered workers and the total number of employed workers. f. For issuing appropriate directions to the Inspectors under the Inter-

State Migrant Workers Act, 1976 to inspect the issuance of passbooks by the employers.

17. It is clear from the above that we have to address the following aspects on which suggestions were solicited and given by the petitioner and the authorities as noticed above:

       i.        Registration of Workers.
       ii.       Minimum Wages to workers.
       iii.      Living Conditions and Safety measures.
       iv.       Financial assistance for education of children.
       v.        Maternity and pensionary benefits.
       vi.       Issues relating to collection of CESS, definition of „employer‟.

18. After taking into consideration suggestions made by all the parties before us and taking note of above, we are of the opinion that matter needs thorough consideration by the concerned authorities, for carrying out necessary amendments in the provisions of the Act and the Rules and also the Executive is required to take certain positive steps for effective implementation of the laws to enable these construction workers to receive the benefit, which accrue to them under the Act and the Rules, in real terms. We accordingly issue certain suggestions hereinbelow insofar as they relate to amendment in the Act and Rules etc. along with certain other necessary directions:

1. REGISTRATION OF WORKERS:

This aspect in the present matter has caused immense grievance and is one of the vital aspects which need urgent attention.

a. The requirement u/s 12 of the BOCW Act i.e. 90 days‟ work in previous year is acting as a hindrance in the registration process. The court feels that this requirement shall be done away with, to the extent of registration. Amendment to be made by the government to the extent of doing away with this provision. This will help in keeping a check on employers who dismiss the employees before they complete 90 days.

b. The registration is not mandatory, it should be made mandatory and onus shall be put on employer and the contractor to get the

workers registered as soon as they commence work. To make such workers a member of welfare board automatically.

c. Proper identity cards should be issued to the workers currently engaged in any establishment.

d. Moreover the registration of workers should be quantified in database which shall be made available electronically so as to facilitate the process in case of migrant workers. A Centralized Government authority may be set up to supervise the entire process and this process to be carried out within three months from now.

e. Cumbersome procedure under Rule 266 of Delhi BOCW Rules to be done away with. Amendment of rule 266 is required. Burden to be put on employer to get the worker registered.

f. The validity of registration as of now is just one year. This limit needs to be enhanced up to a minimum of five years on payment of a single subscription fee. The fee shall not be such, which the workers are unable to afford.

g. Lack of coordination between state boards of different states is another major set-back; therefore a uniform system shall be initiated, wherein the workers who are registered with one state board are given membership for state boards all over India for a minimum period of 5 years. Violation may be prevented by issuing smart card to workers for their unique identification. Necessary provisions need to be included in the Act.

h. Requirement as per Section 16 of the BOCW Act and Rule 267 of BOCW Rules, 2002; the cancellation registration due to non- payment of fee and fine for same need to be removed.

i. Under Section 15 the requirement of maintaining monthly record of workers and registering them in the end f month if not registered to be adhered to.

j. Section 12(b) of Inter-state Migrant workers Act, the requirement of issuance of pass-book by contractor to worker should be implemented, so as to entitle the worker to avail benefits as the pass-book serves as a record of 90 days‟ work.

k. Muster roll as per Section 30 to be maintained properly, defaulting principal employer/employer/contractor shall be fined as the case may be.

l. Registration process to be facilitated by allowing government officers and PSU‟s to register workers on a single electronic database so as to help in avoiding duplicity as well as aiding the daily-wage labourers in registering themselves. Directions shall be issued in this respect by appropriate government.

m. No provision for self-certification by workers, amendment to be made in this regard.

n. Permanent and local addresses to be recorded by employer or contractor as the case may be which is to be supervised by the principal employer in case of workers from outside Delhi.

o. In case contractor fails to register the employee and principal employer fails to supervise the conduct of contractor, penalty shall be levied for the same on both.

p. Awareness programmes shall be initiated for facilitating the process and spreading awareness about advantages of registration. Camps for the same should be held once in every three months.

2. Minimum Wages:

Minimum wages are those which are to be paid to the worker in every industry or establishment. These are different from fair or living wages. These aid the worker in at least affording the basic necessities for sustenance.

a. Payment shall be made via banks, instead of cash or other forms of currency. This will help in keeping a check on flow of black-money in the market as well as will prove as a record for payment of the wage. Amendment needed.

b. The registration card given to worker or a certificate from a registered trade union shall operate as a proof of address for opening bank account.

c. The banks shall provide zero balance accounts and ATM facility free of cost.

d. Claims pending in respect of minimum wages need to be disposed of in a stipulated period of three months and

compensation for not tendering the amount earlier should also be paid. Directions sought.

e. The penalties for non-payment of minimum wages need to be revised and duly amended as due to passage of time they have now become miniscule and inappropriate due to inflation and other factors. The penalty needs to be increased to such a level, which acts as a deterrent and provides the workers with a decent level of sustenance.

f. Minimum wage rate needs to be publicised in media or other sources regularly, as the illiterate section of labourers lack awareness about the same.

g. If any establishment floats a tender and where the minimum wage rate is less than the one which is to be amended or even the current one, then tender shall be rejected with penalty.

h. Section28 (1) (a) provides for payment of overtime if person made to work on day of rest. This provision to be duly complied with.

i. Wage slips to be issued to the workers.

3. Issues Relating to Cess:

Issues relating to collection, disbursement and use of cess are listed hereunder. This heading also addresses the issues relating to enhancement of related monetary schemes.

a. Cess to be deposited with the Delhi Building and other Construction workers Welfare Board.

b. Affidavit to be filed by competent authority, i.e. Vice Chairman of Respondent No. 4, Director General of Respondent No.6, Chairman of Respondent No.7, Commissioner of Respondent No.8, Managing Director of Respondent No.11 and Managing Director of Respondent No.12 stating the exact amount collected as cess.

c. Benefit may not be paid to every worker. It may be paid to the workers who have a record of working for 90 days‟ in previous year. But such a requirement can only be imposed if pass-book is issued to the worker, if not issued then cess to be distributed in form of schemes for the workers.

d. The issue of mobility of workers may also be addressed under this heading. The workers who come from outside Delhi may have a problem in claiming cess because no provision for centralised disbursement of cess by all state boards to the workers registered with the state board other than them. Amendment required in respect of membership to all state boards and also the sharing of cess with workers from outside the state by all state boards. No discrimination is permitted.

e. As of now, cess may be paid in form of schemes or other suitable methods to be devised by the appropriate authority for

disbursement of the same shall be carried out within three months.

f. Provision to be laid down, exempting the cess from Income Tax Rules and Act. Cess rules shall also be amended to this effect. The petition filed for recovery of amount paid as tax on cess, may be allowed if viable.

g. The limit to spend only 5% as per section 24(3) for administrative processes during a financial year should be enhanced to 20% so as to facilitate the authority in dealing with rising expenses. A report shall be filed before the competent authority or the Court stating the objectives as to why the enhancement is needed.

h. The report for enhancement of 2002 rules has been submitted but no proof of its implementation. A proof shall be given of the enhancement for the rules and the implementation of same. Benefit cannot be shown on paper alone.

4. Living Conditions and Safety Measures:

a. Safety equipment of international standard viz. hard hats, gloves, shoes, etc. shall be provided to all the workers by the contractor and the principle employer shall monitor the same and submit a compliance report with the appropriate authority. Necessary directions to be issued by Government. All necessary equipments to be provided to the workers free of cost.

b. Responsibility on the principle employer for ensuring strict compliance to the measures prescribed in the Act and otherwise. If non-compliance noted, then the registration of establishment may be cancelled or the Principle Employer be fined or both.

c. If Contractor fails to adhere to the rules and conditions laid down, then an amount as fine shall be deducted from his bill that is submitted to the principle employer.

d. Adequate living conditions i.e. decent housing, lighting, water supply, ventilation etc. shall be provided to the worker, as laid down in the Act.

e. Protection from epidemics and acts of nature like malaria, dengue, rain etc. respectively shall be accorded to the workers.

f. Proper drainage system at the place where workers are provided accommodation.

g. MCD officers and officers of the Labour Department shall regularly visit the site and file status reports.

h. Section 36 of the Act provides for first-aid facilities, compliance sought.

i. Rule 34-38 of BOCW Rules, 1989 provide for check on excessive noise at workplace; adequate fire protection from hazards; emergency action plans in case of fire, explosion etc.

and the limit for lifting and carrying of excessive weights. Such provisions shall be strictly adhered to.

j. Workers employed in construction of flyovers widening or repair of roads or any other public utility construction to be provided with adequate accommodation with all basic facilities.

5. Financial assistance for education of Children:

Education is right guaranteed under the constitution and the same cannot be denied by any one, may it be an individual or an institution.

a. The education scheme has to be appropriately implemented so that a child of a worker gets necessary education.

b. The petitioner has the liberty to have the assistance of senior persons from field of academics to assist the workers in filing forms to avail this benefit.

c. All education applications which are pending (if any) need to be looked into immediately and appropriate action shall be taken. The required action to be carried out within four months.

d. Financial benefit to be provided on the basis of revised 2002 rules and not at the old rate. Non-compliance shall attract penalty.

e. Section 22(1) (e) provides for financial assistance for education of children of the beneficiaries. The financial assistance for

education to be increased 3 times if the revised rate not sufficient.

f. Respondent No.8 to advance appropriate amount to Director of Education, MCD and to ensure that registration and scholarship forms are circulated, verified and duly deposited within three months by all the children of the workers engaged in MCD, NDMC or otherwise.

g. Respondent No.9 to disburse appropriate amount for the applications which have been verified.

6. Maternity benefits and provisions for pension and bonus:

Maternity benefit to female workers shall be provided along with pensions to retired persons and also the provision of bonus is laid down.

a. Bonus shall be declared at the end of the year and shall be remitted on permanent or local address as the case may be or deposited with the bank.

b. The provision which states that bonus is payable only till 8 months after end of accounting year in which the person was employed needs to be re-considered and revised or amended as the employer may abscond or the employee may go missing after the expiry of such period or even during it.

c. Additional bonus @ 8.33% of the wages payable per month, the bonus to be paid on monthly basis on pro-rata basis, so that

bonus is received even for the period of employment. Amendment required in related rules.

d. Medical applications which are still pending (if any) shall be disposed of after following proper procedure at the earliest.

e. Pregnant workers shall be provided with necessary facilities and also should be allowed paid leaves.

f. Section 35 provides for Creches for children below the age of six years which shall have adequate accommodation; properly lighted and ventilated; proper sanitation. Provisions to be complied with.

g. Pension shall be payable to the workers who have retired due to attaining old age or if any age is prescribed or if involuntary retirement is the case due to any injury during the course of employment. Section 22(1)(b) of the BOCW Act provides for payment of pension to the beneficiaries who have completed the age of sixty years.

h. Section 22(1)(g) provides for payment of maternity benefit to female beneficiaries. Amount shall be determined by state Government or appropriate authority.

7. Regarding administration and future monitoring

a. Since discrepancies have been reported in the functioning of the Board under the Act, a fully operational Board shall be set

up with one full time secretary and the required regular and full time staff to implement the provisions of the Act and the Rules.

b. All registered Trade Unions, registered NGOs and Civil Society groups dealing with human rights are allowed to visit constriction sites and interview the workers and file reports with the Labour Secretaries of respondents No.1 and 2 who, on receiving such reports, shall take appropriate action in accordance with the law.

c. The Board thus constituted shall meet at least four to six times in one accounting year.

19. The writ petition is disposed of in the aforesaid manner. However, we expect that on the aforesaid suggestions and directions, authorities shall be activated and action taken report shall be filed within six months. The matter is listed for directions for this purpose on 29th April, 2013.

ACTING CHIEF JUSTICE

RAJIV SAHAI ENDLAW, J SEPTEMBER 20, 2012 pk