Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) Building and Other Construction Workers’ Welfare Cess Act, 1996 (28 of 1996) Building and Other Construction Workers (regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Building and Other Construction Workers (Regulation ofEmployment and Conditions of Service) Act, 1996 – Building andOther Construction Workers’ Welfare Cess Act, 1996 –Implementation of the Acts – BOCW Act and Cess Act are sociallegislations – They were enacted keeping in mind the DirectivePrinciples of State Policy, particularly Art.39 which requires theState to direct its policy to secure the health and strength of workers,and Art.42 which concerns just and humane conditions of work –However, neither State Government nor Union TerritoryAdministration (UTA) were willing to fully adhere to abide by twoabove mentioned laws enacted by Parliament and even the directionsissued by the Government of India had been disregarded by theState Governments and UTAs – Specific directions issued: (i) Ministryof Labour and Employment, the State Governments and UTAs to putin place and strengthen the registration machinery, both forregistration of establishments as well as registration of constructionworkers – (ii) Ministry, the State Governments and UTAs to establishand strengthen the machinery for collection of cess – (iii) Ministryof Labour and Employment to frame a composite Model Scheme forbenefit of construction workers in consultation with all stakeholdersincluding NGOs actually working at the grassroots level withconstruction workers – (iv) State Governments and the WelfareBoards in every State and UTA to conduct a social audit onimplementation of the BOCW Act so that in future there is better andmore effective and meaningful implementation of the BOCW Act –Apart from the said specific directions some general directions alsopassed so that the BOCW Act is fully implemented with responsibility– Constitution of India – Arts. 21,39 and 42. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 244 |
Petitioner | National Campaign Committee For Central Legislation On Construction Labour (ncc-cl) |
Respondent | Union Of India And Ors. |
SCR | [2018] 9 S.C.R. 204 |
Judgement Date | 2018-03-19 |
Case Number | 318 |
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