HC orders restoration of welfare benefits for construction workers | Mumbai news

MUMBAI: The Bombay high court on Wednesday issued a ruling, instructing the Maharashtra Building and Other Construction Workers’ Welfare Board to resume welfare services for construction workers, which was paused under the Model Code of Conduct for the upcoming state elections. This decision came in response to a petition filed by multiple construction workers’ unions, who argued that suspending these essential services unfairly deprived workers of statutory rights and critical benefits unrelated to electoral activities.

In October 2023, the Maharashtra Building and Other Construction Workers’ Welfare Board issued a circular suspending the registration, renewal, and distribution of welfare benefits to construction workers. This decision was based on the Model Code of Conduct, implemented for the upcoming Legislative Assembly elections, which aims to prevent new policy measures that could sway voters. The suspension impacted ongoing welfare measures essential to workers’ well-being, such as registration for new and returning workers, provision of protective and household utility kits, financial support for health and maternity care, housing, and education. Given the interruption, several unions representing construction workers filed a writ petition with the Bombay high court, contending that the suspension blocked access to fundamental statutory benefits.

The petitioners, represented by advocate Sudha Bharadwaj, argued that the circular was unwarranted and had a severe impact on the livelihoods of construction workers who depend on these benefits. Bharadwaj pointed out that the suspended activities are mandatory provisions under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. This Act is designed to protect and support construction workers, many of whom belong to unorganised labour sectors and rely on these welfare measures. According to Bharadwaj, the suspension effectively left workers without basic protections and support, especially those in need of health and maternity benefits, education allowances, and essential supplies.

The Welfare Board, represented by counsel Akshay Shinde, emphasised that the Board had halted welfare activities only as a precautionary measure to avoid any perceived electoral influence.

After reviewing the arguments, a vacation bench led by justices Arif S. Doctor and Somasekhar Sundaresan ruled that the Model Code of Conduct does not mandate halting pre-existing statutory welfare activities under the Act. The court observed that the Code of Conduct is intended to prevent government bodies from implementing new programmes or policies that could influence voters, not to suspend ongoing statutory rights. The court highlighted that the welfare benefits in question are fundamental rights under a welfare law, created to provide security and aid to vulnerable workers and should not be affected by election protocols.

The court ruled that the circular should be quashed and ordered the Welfare Board to immediately resume worker registration, benefit renewals, and the disbursement of welfare benefits, ensuring that the online registration portal is accessible within 24 hours. It also instructed that these activities be carried out without any fanfare or political association, thereby upholding the Code’s intention of impartiality without compromising the rights of construction workers.

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Bombay High Court orders immediate restoration of welfare benefits for construction workers

By Karuna Nidhi

karuna.nidhi@hindustantimes.com

MUMBAI: The Bombay High Court on Wednesday issued a ruling, instructing the Maharashtra Building and Other Construction Workers’ Welfare Board to resume welfare services for construction workers, which was paused under the Model Code of Conduct for the upcoming state elections. This decision came in response to a petition filed by multiple construction workers’ unions, who argued that suspending these essential services unfairly deprived workers of statutory rights and critical benefits unrelated to electoral activities.

In October 2023, the Maharashtra Building and Other Construction Workers’ Welfare Board issued a circular suspending the registration, renewal, and distribution of welfare benefits to construction workers. This decision was based on the Model Code of Conduct, implemented for the upcoming Legislative Assembly elections, which aims to prevent new policy measures that could sway voters. The suspension impacted ongoing welfare measures essential to worker well-being, such as registration for new and returning workers, provision of protective and household utility kits, and financial support for health and maternity care, housing, and education. Given the interruption, several unions representing construction workers filed a writ petition with the Bombay high court, contending that the suspension blocked access to fundamental statutory benefits.

The petitioners, represented by advocate Sudha Bharadwaj, argued that the circular was unwarranted and had a severe impact on the livelihoods of construction workers who depend on these benefits. Bharadwaj pointed out that the suspended activities are mandatory provisions under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. This Act is designed to protect and support construction workers, many of whom belong to unorganized labour sectors and rely on these welfare measures. According to Bharadwaj, the suspension effectively left workers without basic protections and support, especially those in need of health and maternity benefits, education allowances, and essential supplies.

The Welfare Board, represented by counsel Akshay Shinde, defended the suspension, arguing that they had concerns about potential conflicts between welfare distributions and the Model Code of Conduct. Since many benefits involve direct financial transfers, the Board sought clarification from the Election Commission to determine whether continuing these services would violate the election code. Shinde emphasized that the Board had halted welfare activities only as a precautionary measure to avoid any perceived electoral influence.

After reviewing the arguments, a vacation bench led by justices Arif S. Doctor and Somasekhar Sundaresan ruled that the Model Code of Conduct does not mandate halting pre-existing statutory welfare activities under the Act. The court observed that the Code of Conduct is intended to prevent government bodies from implementing new programs or policies that could influence voters, not to suspend ongoing statutory rights. The court highlighted that the welfare benefits in question are fundamental rights under a welfare law, created to provide security and aid to vulnerable workers and should not be affected by election protocols.

In its decision, the court held that suspending these activities was an overreach of the Model Code of Conduct’s purpose. The court ruled that the circular should be quashed and ordered the Welfare Board to immediately resume worker registration, benefit renewals, and the disbursement of welfare benefits, ensuring that the online registration portal is accessible within 24 hours. However, the court also instructed that these activities be carried out without any fanfare or political association, thereby upholding the Code’s intention of impartiality without compromising the rights of construction workers.