ORDER

1. Petitioner has filed this writ petition mentioning therein that her husband Ganesh Singh Lodhi was a registered labour. He died on 6.7.2018 due to road accident.

2. It is submitted that petitioner is entitled to a sum of Rs. 4,00,000/- on account of death of her husband Ganesh Singh Lodhi in terms of the notification dated 31.12.2016 issued by Labour Department, Mantralaya, Vallabh Bhawan, Bhopal, amending the scale of compensation payable on account of accidental death.

3. Shri Piyush Bhatnagar, learned Panel Lawyer, in his turn, submits that FIR is available on record. Accident took place on account of rash and negligent driving of vehicle No. MP-20-BA-2510. It is submitted that it is a case of road transport accident and not of meeting an accident and sustaining injury/death at work place. Therefore, provisions of the said gazette notification Annexure P-4 will not be applicable and the petition is misconceived.

4. After hearing learned counsel for the petitioner and going through the record. Madhya Pradesh Bhawan Evam Anya Sannirman Karmkar Niyojan avam Seva Sharto Ka Viniyaman Niyam, 2002 having framed in compliance of the provisions contained in Building and other Construction Workers (Employment and Conditions of Service) Act, 1996 hereinafter referred to as the Act of 1996.

5. Section 2(d) defines that "building or other construction work"Â means the construction, alteration, repairs, maintenance or demolition, of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply;

6. Section 2 (e) defines that a "building worker" means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person -

(i) who is employed mainly in a managerial or administrative capacity; or

(ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature;

7. The preamble of the Act of 1996 provides that it is - to regulate employment and conditions of service and building and other constructions workers and to provide for their safety, health and welfare measures and for other matters connected therewith or accidental thereto.

8. Thus, it is evident that the Act has been communicated to provide for safety of the building and other construction workers during the building work.

9. Section 2 (k) defines "Fund" means the Building and other Constructions Workers' Welfare Fund of the Board constituted under sub-section (1) of section 24.

10. Chapter VII deals with Safety and Health Measures. Section 39 provides for notice of certain accidents.

11. Section 2 (J) defines "establishment" means any establishment belonging to, or under the control of, Government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building or other construction work; and includes an establishment belongin