(Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.)
In Re: Outrage as Parents End Life After Childs Dengue
(Application by the State of Maharashtra)
IA No. 127961 SMW (C) No(s). 1/2015, decided on September 26, 2018
The Order of the court was delivered by
Order
1. A note has been handed over to us by Mr. Shekhar Naphade, learned senior counsel appearing on behalf of the State of Maharashtra.
2. It is the admitted position, as per note, that there are at least 53,270 construction workers who are working on construction sites. This does not include construction workers in the Schemes approved by the Slum Rehabilitation Authority.
3. It is also stated in the note that only 48,488 such construction workers have been registered under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (for short “the Act”).
4. The admitted position, therefore, is that there are about 5000 construction workers who are working, but they have not been registered by the employer/contractor.
5. This is an extremely unfortunate situation because due to the non-registration of these construction workers, they will not get the benefit of the provisions of the Act and on the contrary, cess will (hopefully) be collected from the contractors/builders but utilized for a purpose other than the benefit of the construction workers.
6. Under these circumstances, we direct the State of Maharashtra to identify the contractors/builders who have employed these roughly 5000 construction workers without they being registered and take punitive action against the builders/contractors.
7. We also direct the Slum Rehabilitation Authority to ensure compliance with the provisions of the Act including registration of the contractors/builders and registration of the construction workers.
8. It is submitted by learned senior counsel that generally the construction workers are either illiterate or semi-educated or migrant workers. Obviously, under these circumstances, it is unlikely that they will know their rights under the Act. Therefore, the responsibility of the registration must squarely lie with the employer/contractor/builder/State of Maharashtra.
9. The status report be filed pursuant to the above order well before the next date of hearing.
10. List the application on 10th October, 2018.
I.A. No. 107306 in SMW (C) No(s). 1/2015
In Re: Outrage as Parents End Life After Childs Dengue
(APPLICATION FOR INTERVENTION FILED BY MR. GOPAL JHA)
Date: 26-09-2018 This petition was called on for hearing today.
(Before Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.)
Mr. Colin Gonsalves, Sr. Adv. (AC)
Ms. Olivia Bang, Adv.
For Petitioner(s)
For Respondent(s) UOI Ms. Saudamini Sharma, Adv.
Moef Mr. S. Wasim A. Qadri, Adv.
Mr. R.R. Rajesh, Adv.
Ms. Suhasini Sen, Adv.
Mr. D.L. Chidanand, Adv.
Mr. Raj Bahadur, Adv.
Mr. Ritesh Kumar, Adv.
Mrs. Anil Katiyar, Adv.
Mr. G.S. Makker, Adv.
Mr. B.V. Balram Das, Adv.
Ms. Kirti Dua, Adv.
Mr. Sanjiv Sen, Sr. Adv.
Mr. Praveen Swarup, Adv.
Mr. Sayan Ray, Adv.
Mr. Soumo Palit, Adv.
Mr. S. Wasim A. Qadri, Adv.
Mr. Saeed Qadri, Adv.
NHAI Mr. Mukesh Kumar, Adv.
Mr. Shubham S. Saxena, Adv.
for M/s. M.V. Kini & Associates
CPCB Mr. Avijit Roy, AOR
DDA Mr. Vishnu B. Saharya, Adv.
Mr. Viresh B. Saharya, Adv.
UPON hearing the counsel the Court made the following
ORDER
11. No one is present on behalf of the applicant.
12. The application is dismissed for non-prosecution.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
I.A. No. 137469/2018 in SMW (C) No(s). 1/2015
In Re: Outrage as Parents End Life After Childs Dengue
(APPLICATION FILED BY THE UT OF CHANDIGARH)
Date: 26-09-2018 This petition was called on for hearing today.
(Before Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.)
Mr. Colin Gonsalves, Sr. Adv. (AC)
Ms. Olivia Bang, Adv.
For Petitioner(s)
For Respondent(s) UOI Ms. Saudamini Sharma, Adv.
Moef Mr. S. Wasim A. Qadri, Adv.
Mr. R.R. Rajesh, Adv.
Ms. Suhasini Sen, Adv.
Mr. D.L. Chidanand, Adv.
Mr. Raj Bahadur, Adv.
Mr. Ritesh Kumar, Adv.
Mrs. Anil Katiyar, Adv.
Mr. G.S. Makker, Adv.
Mr. B.V. Balram Das, Adv.
Ms. Kirti Dua, Adv.
Mr. Sanjiv Sen, Sr. Adv.
Mr. Praveen Swarup, Adv.
Mr. Sayan Ray, Adv.
Mr. Soumo Palit, Adv.
Mr. S. Wasim A. Qadri, Adv.
Mr. Saeed Qadri, Adv.
NHAI Mr. Mukesh Kumar, Adv.
Mr. Shubham S. Saxena, Adv.
for M/s. M.V. Kini & Associates
CPCB Mr. Avijit Roy, AOR
DDA Mr. Vishnu B. Saharya, Adv.
Mr. Viresh B. Saharya, Adv.
UPON hearing the counsel the Court made the following
ORDER
13. No one is present on behalf of the UT of Chandigarh in support of this application.
14. Application is dismissed for non-prosecution.
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