UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH,

PANJAB.

National Campaign Committee for Central Legislation on

Construction Labour vs. Union of India

SUMITTED BY: SUBMITTED TO:

POOJA SINGH VIRENDER SIR

CLASS: B.COM, LLB

ROLL NO.: 181/16

SECTION: D

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S
In the Supreme Court of India
WRIT PETITION (CIVIL) NO. 318 OF 2006
Petitioner
National Campaign Committee for Central Legislation on
Construction Labour
Respondent
Union of India
Date of Judgment
19 th March 2018
Bench
Justice Madan B. Lokur

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Statues & provisions involved:

 Article 15(3), Article 21, Article 32, Article 39(e),

Article 39(f) of the Indian Constitution, 1950
 Section 11, Section 12, Section 13, Section 18, Section
22, Section 24 of Building and Other Construction
Workers Act, 1996 (hereinafter referred to as BOCW
Act)
 Section 4, Section 5, Section 8 of Building and Other
Construction Workers Cess Act, 1996

Facts:
The petitioner is said to be a non-enlisted Committee of enrolled
worker’s organizations worried about the rights of laborers in the chaotic
division including development laborers, particularly in regions of
health, basically towards safety, security and other welfare measures.
The claimant says that – appalled by the demeanor and ignorance of
most State Governments and Union Territories towards the execution of
the BOCW Act.

As indicated by the claimant, the non-execution of the BOCW Act

disregards the arrangements of Articles 15(3), 39(e) and (f) and Articles
45 and 47 of the Constitution, which force an essential duty on the State
to guarantee that all the requirements of laborers are met and that their
fundamental rights are completely ensured. The non-usage additionally
disregards Article 21 of the Constitution, which accommodates the
option to live with dignity. It is affirmed that the BOCW Act and the
Cess Act depend on a global show, to be specific, the Safety and Health
in Construction Convention (No. 167) received by the International
Labor Organization in 1988 and it’s going with the suggestion (No.175)

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which accommodate an establishment of law on which protected and
solid working conditions are assembled.

In light of its encounters and concentrates completed which show the

nonappearance of any powerful framework for the sheltered and solid
working conditions for development laborers, the petitioner preferential
a writ petition as per Article 32 of the Constitution in which a few
prayers have been made yet basically the petition is that the BOCW Act
and the Cess Act ought to be definitively executed in letter and soul.

Issues:
a. Can delay in the effective implementation of both the statutes be a
ground for invalidating the levy of cess?

b. Is cess, in fact, a tax?

c. Whether both the statues implemented as per the intention of the

parliament?

d. Whether beneficial measures for the welfare of construction workers

covered under the BOCW Act and Cess Act?

Contentions:
Simply because there was some postponement in the successful usage of
both the statues, it couldn’t be a ground for discrediting the toll of cess,
nor could the duty of cess be said to have demonstration application. The
term ‘cess’ is generally utilized to hint a tax with a reason or a tax
dispensed to a specific thing. Be that as it may, it additionally implies a
levy or an assessment.

This option to live with human dignity envisaged in Article 21

determines its life breath from the Directive Principles of State Policy
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and especially provisos (e) and (f) of Article 39 and Articles 41 and 42
and in any event, along these lines, it must incorporate assurance of the
wellbeing and quality of laborers, people, and of the crucial tender time
of children against misuse, openings and offices for kids to create in a
solid way and states of opportunity and nobility, instructive offices, just
and altruistic states of work and maternity alleviation.

It is obvious of the BOCW Act that its sole point is the welfare of
construction laborers, legitimately relatable to their naturally perceived
option to live with essential human respect, enshrined in Article 21 of
the Constitution of India.

It conceives a system of specialists at the Central and State levels to

guarantee that the advantage of the enactment is made accessible to each
construction laborer, by establishing Welfare Boards and dressing them
with adequate forces to guarantee the requirement of the main role of the
BOCW Act. The methods for producing incomes for making compelling
the welfare arrangements of the BOCW Act are through the Cess Act.

Judgment:

Ratio Decidendi:

 The court laid down several directions for the proper

implementation of the said statues and provisions. The
court also suggested the Ministry of Labor and
Employment come up with a model scheme for the
faithful implementation of the constitutional and
statutory provisions.
 It is basic that all development laborers ought to be
given character cards and ought to be enlisted regarding
Section 12 of the BOCW Act. The Ministry of Labor
and Employment has proposed the issuance of a
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 Universal Access Number for every development
specialist.
 The court offers no remark or perception about the
adequacy or in any case of a Universal Access Number.
It was presented by learned direction for the petitioners
that keen cards ought to be given to all development
laborers. The courts kept this issue open and leave it to
the Ministry of Labor and Employment to choose a
proper arrangement of distinguishing proof and
enrollment if it is successful and important.
 The Union of India must choose the administration of
the cess effectively gathered. It appears to us that the
advantages and privileges that have accumulated to the
development laborers (a huge number of whom have not
been recognized) can’t be given to them because of the
progression of time, with the whereabouts of some of
them not known. As needs are, a choice should be taken
by the Union of India on the profitable usage of the cess
effectively gathered with the goal that the Welfare
Boards are not unjustifiably advanced – the recipients
having tragically missed out. When those
acknowledgments first light upon those required
executing the BOCW Act and the Cess Act, maybe due
regard will be appeared to Article 21 of the Constitution
and to Parliamentary resolutions.

Obiter Dicta:

 The assignment of enrolling the laborers and giving

them the advantage may take some time would not
influence the risk to pay the levy according to the Cess
Act. Some other understanding would overcome the
privileges of the laborers whose assurance is the chief

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 point or essential concern and goal of the BOCW Act
just as the Cess Act.
 The arrangement of the BOCW Act, the Cess Act and
the Rules warrant that the legitimately imposable cess
ought to be forced gathered and put in the statutory
welfare support immediately with the goal that the
advantages may stream to the qualified laborers at the
earliest.
 The arrangement of the BOCW Act or the Cess Act
doesn’t warrant that except if all the laborers are as of
now enlisted or the welfare support is appropriately
credited or the welfare measures are made accessible,
no cess can be collected. As it were, the support of the
laborers isn’t required to be a condition point of
reference for the duty of the cess. The rendering of
welfare administrations can sensibly be embraced
simply after the cess is demanded, gathered and credited
to the welfare fund.

Conclusion:
 It involves regular information that there is a colossal measure of
construction development activity going on everywhere throughout the
nation and there is no motivation behind why foundations or
establishment associated with the construction activities, both formal
just as non-formal, ought not to pay the Cess, particularly when they are
using the administrations of the development laborers. So also, there is
no motivation behind why the development laborers of these foundations
ought to be denied their privileges and advantages under the BOCW Act
and different laws. When that acknowledgment day breaks upon those
required executing the BOCW Act and the Cess Act, maybe due regard
will be shown towards Article 21 of the Constitution to Parliamentary
statutes.

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