- (1.) Time has come when this Court needs to enforce its orders containing guidelines in the matter of implementation of the provisions of the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 ("the 1996 Act", for short).
(2.) Under Section 60 of the 1996 Act, which is quoted hereinbelow, the Central Government is given the power in appropriate cases to issue directions to the Government of any State or to a Board as to the carrying into execution in that State of any of the provisions of the Act. "60. Power of Central Government to give directions.-The Central Government may give directions to the Government of any State or to a Board as to the carrying into execution in that State of any of the provisions of this Act."
(3.) Vide order dated 18-1-2010, National Campaign Committee for Central Legislation on Construction Labour v. Union of India, 2011 4 SCC 655 the previous Bench of this Court observed that in several States, Welfare Boards which are required to be constituted under Section 18 of the 1996 Act have not been constituted till date although the Act came into force a decade ago. We quote hereinbelow Section 18 of the 1996 Act: "18. Constitution of State Welfare Boards.-Every State Government shall, with effect from such date as it may, by notification, appoint, constitute a Board to be known as the ... (name of the State) Building and Other Construction Workers' Welfare Board to exercise the powers conferred on, and perform the functions assigned to it, under this Act. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Board shall consist of a Chairperson, a person to be nominated by the Central Government and such number of other members, not exceeding fifteen, as may be appointed to it by the State Government: Provided that the Board shall include an equal number of members representing the State Government, the employers and the building workers and that at least one member of the Board shall be a woman. (4) The terms and conditions of appointment and the salaries and other allowances payable to the Chairperson and the other members of the Board, and the manner of filling of casual vacancies of the members of the Board, shall be such as may be prescribed." Unfortunately, even the Central Government has not issued directions under Section 60 of the 1996 Act, despite the Court's order dated 18-1-2010.;