- (1.) This order is in continuation to the all the previous orders passed by this Court, more particularly, the orders dated 18 th January, 2011, 15 th March, 2011, 25 th April, 2011 and 28 th November, 2011. Vide Order dated 15 th March, 2011, this Court - dealt with Contempt Petition Nos.41 44 of 2011 filed by the petitioner and passed certain directions including that the Labour Secretary of the concerned States should be present in the Court on the next date of hearing. Thereafter, vide Order dated 25 th April, 2011, the States of Nagaland, Rajasthan, Meghalaya, Uttar Pradesh, Maharashtra, Goa and Uttarakhand, Union Territories of Lakshadweep and Chandigarh and Union of India were required to comply with certain directions as well as to file affidavits of compliance.
(2.) The petitioner in Contempt Petition Nos. 41 44 of 2011 had contended that most of the states have not complied with the directions issued by this Court. They had failed to discharge their statutory duties under the provisions of the Building & Other Construction Worker (Regulations of Employment & Conditions of Service) Act, 1996 (for short, 'the Act') and the Building and Other Construction Workers Welfare Cess Act, 1996 (for short 'the Cess Act'), thus, they should be punished for violating the orders of this Court. However, after passing of the above orders, most of the states have filed affidavits, showing status of compliance with the directions issued by this Court as well as performance of their statutory duties.
(3.) In view of the persistent defaults and unacceptable conduct of the officers of the concerned states, we passed the following order on 28 th November, 2011:- "Since almost every State is in contempt, we have no option but to take further steps in the matter. However, in order to give opportunity to the States, the matter is being adjourned to the last week of December, 2011, to enable each defaulting State to file it's reply as to why contempt action should not be taken against the concerned officers." ;