The Hindu : Front Page : Are laws just ornamental, asks Chief Justice

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Tuesday, May 13, 2008
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Are laws just ornamental, asks Chief Justice

J. Venkatesan

States to file report on implementation of laws for construction workers

Two laws were enacted but nothing was done by Centre and States: petitioner
Convene all-States meet, don’t leave matter to court: Raveendran

New Delhi: Expressing serious concern over the plight of construction workers, the Supreme Court on Monday directed all States and the Union Territories to file a status report on implementation of the Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act and the Building and Other Construction Workers Welfare Cess Act.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and M.K. Sharma gave this direction after senior counsel Colin Gonsalves, appearing for the petitioner National Campaign Committee for Central Legislation on Construction Labour, drew attention to the States’ poor response though notice was issued two years ago. He said the States had filed some sketchy affidavits without clearly indicating whether a one per cent cess was being collected from the construction industry or not. Though 12 years passed since the enactment of the law, nothing had been done by the States.

The Chief Justice told the Central government advocate: “What is the purpose of such Acts? Do the governments want to have only beautiful legislation and don’t want to implement them.”

Justice Raveendran suggested that the Centre convene a meeting of all States for proper implementation, instead of leaving the matter to the court.

The petitioner said construction was the second largest industry in India employing about two crore workers on a daily basis. It was a highly accident-prone industry and the fatality rate was very high compared to others.

There was an urgent need for adequate investment to improve working conditions, mainly in terms of job security, safety, medical care and skill development schemes. A large number of workers were migrant, socially backward and illiterate with very low bargaining power. Though two pieces of legislation had been enacted for construction workers, nothing was done by the Centre and the States and the Union territories, the petitioner said.

Further hearing is listed for August.

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