2011 Supreme(SC) 298

2011 (2) Supreme 551
SUPREME COURT OF INDIA
CJI.,K.S. Panicker Radhakrishnan and Swatanter Kumar, JJ.
National Campaign Committee for Central Legislation on Construction Labour — Petitioner
versus
Union of India & Ors. — Respondents
Contempt Petition Nos.42 & 43 of 2011
in
Writ Petition (Civil) No.318 of 2006
with
I.A. No.6 of 2011
in
Writ Petition No.318 of 2006
Decided on : 15-3-2011

Headnote:Constitution of India ,1950- Article 32 –Writ petition praying for issuance of a writ of mandamus or any other appropriate writ or direction directing the respondents to forthwith implement the Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 and The Building and Other Construction Workers’ Welfare Cess Act, 1996 in their entirety and, in particular, to establish the Welfare Boards, collect cess, complete the registration and grant benefits to the beneficiaries with immediate effect as per the provisions of respective Acts- From the various status reports and the affidavits filed on behalf of respondents, it was found that the appropriate Governments had admittedly, not complied with their statutory duties and functions- Number of States, had not even constituted the Welfare Boards in terms of Section 18 of the Act- The appropriate Governments and Registering Authorities, wherever constituted, particularly the respondent State Governments in these application/petitions had failed to either collect the requisite cess amount or had collected the same inadequately and in any case have failed to distribute the benefits and facilities to the beneficiaries- In this manner and for a considerable period, respondents had, on the one hand disobeyed the orders of this Court particularly orders dated 18.01.2010, 13.08.2010 and 10.09.2010, while on the other they had failed to perform their statutory obligations under the provisions of the Act despite directions of this Court- Default on the part of respondents, having persisted over a long period Court left with no alternative except to pass appropriate directions/orders in accordance with law on these two contempt petitions- In the circumstances notice issued to show cause why proceedings under Contempt of Courts Act, 1971 be not initiated against all the respondents - Direction also given that officers of respective/appropriate Governments to be present in the Court on the next date of hearing (Paras 9 to 12)

       Facts of the Case :

        Writ petition was filed herein in the instant case Praying for issuance of a writ of mandamus or any other appropriate writ or direction directing the respondents to forthwith implement the Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 and The Building and Other Construction Workers’ Welfare Cess Act, 1996 in their entirety and, in particular, to establish the Welfare Boards, collect cess, complete the registration and grant benefits to the beneficiaries with immediate effect as per the provisions of respective Acts. It was also prayed that rules and regulations relating to the health, safety and welfare of the workers, particularly the workers in relation to building and construction activity, should be framed and safety equipments including safety harness and safety nets should be provided to them at the place of work.

       Findings of the Court :

        From the various status reports and the affidavits filed on behalf of respondents, it was found that the appropriate Governments had admittedly, not complied with their statutory duties and functions. All the application/petitions, subject matter of present order, were supported by affidavit filed by co-ordinator of petitioner organization. Number of States, had not even constituted the Welfare Boards in terms of Section 18 of the Act. The State of Uttar Pradesh had completed the formality of constituting a Board but it was a one man Board instead of having a minimum of three or more members as required under Section 18 of the Act. The charts submitted by petitioner further showed that no worker had been registered by States of Assam, Mizoram, Sikkim and Jammu and Kashmir. The appropriate Governments and Registering Authorities, wherever constituted, particularly the respondent State Governments in these application/petitions had failed to either collect the requisite cess amount or had collected the same inadequately and in any case have failed to distribute the benefits and facilities to the beneficiaries. In this manner and for a considerable period, respondents had, on the one hand disobeyed the orders of this Court particularly orders dated 18.01.2010, 13.08.2010 and 10.09.2010, while on the other they had failed to perform their statutory obligations under the provisions of the Act despite directions of this Court. Default on the part of respondents, having persisted over a long period Court left with no alternative except to pass appropriate directions/orders in accordance with law on these two contempt petitions. In the Circumstances notice issued to show cause why proceedings under Contempt of Courts Act, 1971 be not initiated against all the respondents . Direction also given that officers of respective/appropriate Governments to be present in the Court on the next date of hearing.