- (1.) By this common order, we shall deal with IA No.6 in WP No.318 of 2006 and Contempt Petition Nos.41 and 42 of 2011.
(2.) In this petition under Article 32 of the Constitution of India the petitioner inter alia prayed for issuance of a writ of mandamus or any other appropriate writ or direction directing the respondents to forthwith implement the Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 (hereinafter referred to as 'the Act') and The Building and Other Construction Workers' Welfare Cess Act, 1996 (hereinafter referred to as 'the Cess Act') in their entirety and, in particular, to establish the Welfare Boards, collect cess, complete the registration and grant benefits to the beneficiaries with immediate effect as per the provisions of the respective Acts. Further, it is also prayed that the rules and regulations relating to the health, safety and welfare of the workers, particularly the workers in relation to building and construction activity, should be framed and safety equipments including safety harness and safety nets should be provided to them at the place of work. The petitioner has impleaded the Union of India and all the 36 States/Union Territories as party-respondents to the present petition.
(3.) This Court, vide its order dated 28th July, 2006 issued notice to all the respondents. Some of the States and the Union of India had filed their replies and after hearing the learned counsel appearing for the parties, the Court passed various directions as recorded in different orders of the Court from time to time and the respondents were required to comply with these directions. Vide order dated 12th May, 2008, a direction was issued by this Court to the Secretary of the Labour Department of each State requiring them to submit a detailed status report within eight weeks as to what steps have been taken by them to implement the provisions of the aforesaid two Acts. Some of the States had submitted their reports and it was evident from the content of those reports/affidavits that the provisions of both the Acts have not been substantially complied with. This resulted in passing of detailed order by this Court dated 13th January, 2009. In this order the Court noticed that under Section 6 of the Act, the appropriate Government has to appoint Registration Officers and under Section 7 of the Act every employer was to register their establishment with the said Officer. Reference was also made to the obligation on the part of the State to constitute the State Welfare Boards under the provisions of Section 18 the Act. After noticing that the petitioner had filed a chart indicating the steps taken by various Governments, it was evident that many of the Governments had not even taken steps as per provisions of the Act.;