HRLN filed a petition in public interest in the start of year 2010 before Hon’ble Delhi Court drawing the attention of the court to the plight of construction workers in Delhi.   Minimum wages were not being paid to most of the workers; the wages were paid irregularly after considerable delays; safety equipment and identity cards and wage slips were not being made available to the workers and no provisions for residence of the workers and their family members, as required to be made under Law were being made. Though the welfare fund set up in accordance with The Building and Other Construction Workers’ Welfare Cess Act, 1996 stands at Rs.300 crores but the Welfare Board in Delhi was dysfunctional and was not been meeting regularly and did not show any track record of commitment to labour issues. Only Rs.15 lacs out of the sum of Rs.300 crores was spend for the benefit of the workers.  The petition showed a grave state of affairs, and showcased a total apathy towards the construction workers who form a   large migrant community, in spite of law for their benefit having been enacted.

The Act aforesaid was promulgated recognizing that the construction workers belong to one of the most vulnerable segments of unorganized labour in India and are characterized by the inherent risk to life and limb; their work is casual in character and there is only a temporary relationship of employer and employee and that too with uncertain work hours, lack of basic amenities and inadequacy of welfare facilities.

Taking cognizance of grievances raised in the petition, Hon’ble Delhi High Court constituted four-member committee for taking appropriate steps to redress the grievance of the construction workers in Delhi and for implementation of provisions of the Act.  Hon’ble Court also directed the Welfare Board constituted under the provisions of the Act to hold extra/special meetings and to comply with the various provisions of the Act/Rules and ensure issuance of identity cards to all the construction workers in Delhi.

The said committee has been constituted and has started functioning. This petition is still going on and there are more orders awaited.

Click here for the complete text of  this order.

For further details please contact:

Advocate Tariq Adeeb

Mobile: 09212685279

                                                              Email: litigation.delhi@hrln.org

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