NDLI: The Joint Labour Commissioner and Registering Officer & Anr. Vs. Kesar Lal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Consumer Protection Act, 1986 – s.2(d) and 2(1)(o)– ‘Consumer’– If includes beneficiary of a statutory welfare scheme – Parliament enacted 1996 Act to regulate employment, service conditions of building & other construction workers and also to provide for their safety, health & welfare measures – Pursuant thereto, State of Rajasthan framed 2009 Rules – Rajasthan Building & Other Construction Workers Welfare Board was constituted – One of the schemes formulated by Board for beneficiaries registered under the Act rendered financial assistance on the occasion of marriage of a beneficiary’s daughter – Respondent obtained Labour Beneficiary Identity Card from appellants after depositing Rs.25 as registration fee and Rs.60 as annual contribution – Submitted application for availing financial aid for the marriage of his daughter – Rejected – District Forum dismissed respondent’s complaint – Order set aside by State Commission – Affirmed by NCDRC – Held: Functions of the Board squarely fall within the definition of ‘service’ within the meaning of s.2(1)(o) – Exception is a service rendered free of charge – Workers registered under 1996 Act are beneficiaries of schemes made by the Board – Upon registration, every worker is required to make a contribution to the fund at such rate per month as may be prescribed by State government – Fund is applied inter alia for meeting the expenses incurred to fulfill the objects & purposes authorized by legislation – True test is not whether the amount contributed by beneficiary is adequate to defray the entire cost of expenditure envisaged under the scheme – So long as the service rendered is not free of charge, any deficiency of service is amenable to the fora for redressal constituted under Consumer Act– u/s.2(1)(d), a ‘consumer’ includes not only a person who has hired or availed of service but even a beneficiary of a service – Public authorities such as the appellants constituted under an enactment of Parliament are entrusted with a solemn duty of providing welfare services to registered workers – Public accountability is a significant consideration underlying the provisions of Consumer Act – No reason to interfere with State Commission’s decision to award the claim, subject to modification of rate of interest by NCDRC– Building and Other Construction Workers’(Regulation of Employment and Conditions of Service) Act, 1996 – ss.2(b), (k), 11, 12, 16-18, 22, 24 – Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Rules,1998 – Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009 – rr.43-45, 52, 58 – Building and Other Construction Workers Welfare Cess Act, 1996.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2020 INSC 304
Petitioner	The Joint Labour Commissioner And Registering Officer & Anr.
Respondent	Kesar Lal
SCR	[2020] 5 S.C.R. 176
Judgement Date	2020-03-17
Case Number	2014

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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