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2009 Supreme(SC) 54

K. G. BALAKRISHNAN, J. M. PANCHAL, P. SATHASIVAM
National Campaign Commtt. , C. L. Labour – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Appearing Parties:Manjit Singh AAG, Amarendra Sharan, ASG., Colln Gonsalves, Sr. Advocate, Alban toppo, Jyoti Mendiratta, Amit Anand Tiwari, S.N. Terdal, Riku Sharma, M. Dutta, (M/s Corporate law Group), Arun K. Sinh, Anil K. Jha, Manoranjan Kumar Jha, S.M. Imam, Tarbez Ahmad, Anis Suhrawardy, Gopal Singh, Manish Kumar, Gopal Sinch, Rituraj Biswas, Hemantika Wahi, Momta Tushir, Kamini Jaiswal, Naresh K. Sharma, A. Subhashini, Radha Ranqaswamy, K.N. Madhusoodhanan, R. Sathish, Shrish Kumar Misra, Tara Chandra Sharma, Neelam Sharma Aruna Mathur, P. Parameshwaran, (M/s) Arputham, Aruna & Co.), Sunita Sharma, D.S. Mahra, Ranjan Mukherjee, D. Bharathi Reddy, B.S. Banthia, Khwairakpam Nobin Singh, Radha Shyam Jena, Nandini Gore, Anil Shrivastav, Sanjay V. Kharde, Asha Gopalan Nir, Jatinder Kumar Bhatia, (T.V. George), Edward Belho, Rituraj Biswas, R. Nedumaran, P. Soma Sundaram, V.G. Praqasam, S.L. Aristotle, Prabhu Rama Subramanian, Advocates.

Judgment :

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (for short The Act), was passed by the Parliament and in this writ petition it is alleged that many of the provisions of the enactment are not put in practice and the respective authorities have not complied with the statutory provisions. All the State Governments and Union territories are impleaded as parties in this writ petition. The Act is intended to benefit the unorganized workers in the construction sector. Under Section 6 of the Act, the appropriate Government has to appoint registering officers and under Section 7 of the Act every employer shall register their establishment. The building workers are given various benefits and in order to enable the workers to avail the benefits, each State has to constitute a State Welfare Board. The Board shall consist of a Chairman nominated by the Central Government, and such other Members, not exceeding 15, as may be appointed by the State Government. The Board shall appoint a Secretary as its Chief Executive Officer.

Under Section 22 of the Act, the Board may provide immediate assistance to the beneficiaries in case of




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