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2020 Supreme(SC) 263

D.Y.CHANDRACHUD, AJAY RASTOGI
Joint Labour Commissioner and Registering Officer – Appellant
Versus
Kesar Lal – Respondent


Advocates Appeared:
For the Appellant(s) :Sandeep Kumar Jha, Advocate

JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. The neat issue which has to be adjudicated upon in this appeal is whether a construction worker who is registered under the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996(Act of 1996) and is a beneficiary of the Scheme made under the Rules framed pursuant to the enactment, is a ‘consumer’ within the meaning of Section 2(d) of the Consumer Protection Act 1986. The issue assumes significance because the answer will determine whether a beneficiary of a statutory welfare scheme is entitled to exact accountability by invoking the remedies under the Consumer Protection Act 1986.

2. Parliament enacted the Act of 1996 “to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or with incidental thereto”. In pursuance of the rule-making powers conferred by Sections 40 and 62, the Union Government has framed the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Rules, 1998. The State of Rajasthan has also framed th


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