(Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.)
In Re: Outrage as Parents End Life After Childs Dengue Death
(Application by the State of Maharashtra)
IA 127961/2018 In SMW (C) No(s). 1/2015, decided on November 27, 2018
The Order of the court was delivered by
Order
Status with regard to progress made by the Committee constituted under orders of this Court dated 17.08.2018 for Solid Waste Management in Delhi
1. It is stated by the learned ASG that the Committee has been meeting frequently and substantial progress has been made. She expects that the report will be ready by the second week of December, 2018.
2. The report once finalized should be placed on record.
3. List the report for consideration on 10th January, 2019.
Status of building and other construction workers
4. On going through the affidavits filed by the Slum Rehabilitation Authority (SRA) and the Maharashtra Housing Area Development Authority (MHADA), it appears that the action taken by these two authorities is limited to the registration of the contractors and developers under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
5. We make it clear that it is not only the registration of the contractors and developers that is mandatory but also the registration of the building and construction workers that is mandatory.
6. In other words, the SRA and the MHADA should ensure that the contractors and developers engaged by them or to whom projects have been awarded must register the workers under the said Act that they employ.
7. It is not clear from the affidavit whether the cess collected under the Building and other Construction Workers’ Welfare Cess Act, 1996 is being deposited with the concerned Building and other Construction Workers Welfare Board. It is necessary that the amounts be deposited with the said Board so that they are utilized for the benefit of the building and other construction workers.
8. Learned counsel appearing for the SRA and the MHADA say that they would like to take instructions and file an appropriate affidavit within a week.
9. We reiterate that it is necessary that the construction and building workers must be registered and we direct that the SRA and the MAHDA should not award any contract for building and other construction unless the workers are registered under the said Act and the contractors and developers engaged are registered under the said Act.
10. List the matter on 06.12.2018.
11. State of Maharashtra will ensure compliance.
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