Contractors must be represented in the State Welfare Board as per the mandate of the Building and Other Construction Workers Act, ensuring the employers' inclusivity in representation.

JUDGMENT :

B.P. Routray, J.

1. Heard Mr. J.K. Mohapatra, learned Advocate for the Petitioner and Mr. T.K. Dash, learned Additional Government Advocate for State-Opposite Party.

2. The grievance of the Petitioner is that the Orissa Contractors’ Association, which is a body of all registered contractors in the State, has been left unrepresented in the Odisha Building & Other Construction Workers Welfare Board (in short, “the Board”) since 2020. The Petitioner has further prayed for due representation of Contractors’ Association as one of the important employers.

3. Though the Petitioner in specific has prayed for quashing of the Notification dated 07.02.2020 under Annexure-2 and the impugned order dated 19.08.2022 under Annexure-5, but his general grievance is for giving proper representation to the Contractors’ Association in the Board.

4. The Petitioner had earlier approached this Court and this Court vide order dated 15.07.2022 passed in W.P.(C) No.30737 of 2021 directed the State authority to re-visit Petitioner’s representation in the Board. However, such direction for re-consideration of Government pursuant to the earlier direction of this Court dated 15.07.2022 was complied by rejection of Petitioner’s grievance mainly on the ground that the present Board as then was valid upto 06.02.2023. In the impugned order under Annexure-5, the Secretary to Government of Odisha has also granted liberty to the Petitioner to make fresh representation before one month of expiry of the term of the then current Board, i.e. on or before 06.01.2023.

5. Mr. Mohapatra, learned counsel for the Petitioner submits that though the Petitioner had accordingly made his representation within the stipulated time, but the same was neither considered nor any representation was given to their Association in the next constituted Board that was constituted on 28.04.2023 under Annexure-B series. It is seen from the Notification dated 28.04.2023 that while constituting the Board, Employers’ representation was given to the Engineer-in- Chief, Rural Works; Engineer-in-Chief, Civil; Engineer-in-Chief, Water Resources; CGM, Civil, IDCO; and the President of Confederation of Real Estates Developers’ Association of India (CREDAI, Bhubaneswar), as Members. So, it is seen that, the employers’ representation was five members in the Board as stated above.

6. Section 18 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter referred as the “Act”) stipulates that the Board shall consist of a chairperson, a person to be nominated by the Central Government and such number of other members, not exceeding fifteen. The Board shall also include an equal number of members representing the State Government, the employers and the building workers. For ready reference, Section 18 is re-produced below:-

“18. Constitution of State Welfare Boards.—(1) Every State Government shall, with effect from such date as it may, by notification, appoint, constitute a Board to be known as the …. (name of the State) Building and Other Construction Workers’ Welfare Board to exercise the powers conferred on, and perform the functions assigned to, it under this Act.

(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued.

(3) The Board shall consist of a chairperson, a person to be nominated by the Central Government and such number of other members, not exceeding fifteen, as may be appointed to it by the State Government:

Provided that the Board shall include an equal number of members representing the State Government, the employers and the building workers a