Karnataka High Court
Sri. Ramesh Babu vs The Ministry Of Labour And Employment on 22 December, 2020
Bench: Chief Justice, S Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER, 2020
PRESENT
THE HON'BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.6742 / 2020 (GM-RES-PIL)
BETWEEN:
Sri Ramesh Babu,
Ex.M.L.C, Karnataka Legislative Council,
M.A, LLB., Advocate,
S/o Srinivasa Naidu.V,
Aged about 55 years,
#135, 2nd Main, Judicial Layout,
Talagatta pura, Kanakapura Road,
Bangalore-560 109. ...PETITIONER
(By Smt. Gayathri E.P. and
Sri. Ravishankar S.S, Advs.)
AND:
1. The Ministry of Labour and Employment,
Represented by its
Hon'ble Minister of State Labour & Employment,
Government of India,
Sharm Shakthi Bhawan, Rafi Marg,
New Delhi-110 001.
2. The Ministry of Labour and Employment,
Represented by its
Secretary - Labour & Employment,
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Government of India,
Sharm Shakthi Bhawan, Rafi Marg,
New Delhi-110 001.
3. The Ministry of Labour and Employment,
Represented by its
Hon'ble Minister for Labour & Employment,
Vidhana Soudha, Bengaluru-560 001.
4. Office of the Chief Secretary
Represented by its Chief Secretary,
Government of Karnataka,
No.320, III Floor, Vidhana Soudha,
Bengaluru-560 001.
5. Department of Labour
Represented by its
Secretary to Government,
Vikasa Soudha,
Government of Karnataka,
Bengaluru-560 001. ...RESPONDENTS
(By Sri M.N.Kumar, CGC for R1 & R2;
Sri M.Dhyan Chinnappa, AAG;
Sri.Vijayakumar A.Patil, AGA for R3 to R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
WRIT OF MANDAMUS AND OR DIRECTIONS OR
INSTRUCTION TO CONSIDER COVID-19 AS A PERMANENT
IRRECOVRABLE EMPLOYMENT DISASTER OF THIS
CENTURY AND TO CARRYOUT DISASTER MANAGEMENT
TO ACCESS THE LOSSES OF EMPLOYMENT AND TO
SECURE THE WELFARE OF UNORGANIZED LABOURERS,
ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:
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ORDER
1. We have perused the orders passed from time to time in this petition. As can be seen from the grievances made in the petition, the main grievance is about the failure of the State Government to implement the directions issued in the judgment and order dated 19th March 2018 passed in Writ Petition (Civil) No.318 of 2006 (National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) Vs Union of India and Others). In the order dated 14th May 2020, this Court has referred to the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (for short, "the said Act of 1996") and the Rules framed thereunder. Paragraphs 7 to 13 of the said order read thus:
"7. Prima facie, it appears to us that the first prayer for interim relief which is prayer (a) cannot be granted by invoking any of the provisions of the said Act of 1996. The reason is that under the provisions of the said Act of 1996, the benefits can be extended to the beneficiaries as defined in Section 11 thereof. Even as far as the second prayer for interim relief is concerned, prima facie, the same may not be supported by the provisions of the said Act of 1996. However, the State 4 Government will have to take a call whether it is necessary to create a fund for rehabilitation of unorganized labour, especially in the context of COVID-19.
8. Now, coming to the directions of the Apex Court which are specifically issued against all the State Governments and Union territories, the State Government will have to satisfy the Court that all the directions have been implemented in its true letter and spirit.
9. The learned Additional Advocate General seeks time to place on record compliance with the various directions.
10. A perusal of the directions issued by the Apex Court shows that the intention appears to be to ensure that all State Governments and Union Territories strictly implement the provisions of the said Act of 1996 and the Rules framed thereunder.
11. We direct the State Government to file statement of objections on record reporting compliance with the directions issued by the Apex Court as well as setting out the steps taken to provide assistance of Rs.5,000/- to all the beneficiaries under the said Act of 1996. While 5 filing the statement of objections, the State Government will also state whether additional benefit can be extended to the beneficiaries under the said Act of 1996 who have been deprived of income due to onset of COVID-19 and the steps taken by the State Government in this behalf.
12. Let the statement of objections be filed by 26th May 2020. Let the petition be listed for preliminary hearing on 27th May 2020.
13. If according to the case of the petitioner, some of the beneficiaries under the said Act of 1996 have not received payment of a sum of Rs.5,000/-, the learned counsel appearing for the petitioner is free to supply particulars of such beneficiaries to the learned Additional Advocate General to enable the State Government to take necessary action."
2. On 2nd June 2020, this Court has recorded the following aspects:
(a) Senior Labour Inspectors/Labour Inspectors (Total 230) in the State of Karnataka have been notified as Registering Officers to register the construction workers with the 6 Karnataka Building and Other Construction Workers' Welfare Board (for short, 'the Board');
(b) Total 41 Labour Officers have also been notified as Registering Officers;
(c) A direction was issued to implead the said Board as a party;
(d) As on April 2020, 21,80,394 construction workers have been registered as beneficiaries and the State Government has granted benefit of grant of Rs.5,000/- to each beneficiary. It is noted that the benefit of grant of Rs.5,000/- has been extended so far to 12,39,450 construction workers;
(e) A direction was issued to prepare a list to ensure that assistance of Rs.5,000/- reaches all construction workers;
(f) It was held that the Board will have to make efforts to ensure that the construction workers in the State are informed about the requirement of getting registered in accordance with Section 6 of the said Act of 1996."
3. In the order dated 17th June 2020, it is noted that the benefit of payment of Rs.5,000/- has reached 14,92,088 7 registered construction workers. Therefore, a direction was issued to the State Government to place on record the details of the construction workers, who have received the payment. It was observed that as the petitioner is a political figure, if he gets any information about the construction workers who are not even aware that they are entitled to the amount of Rs.5,000/-, he is free to supply such data to the learned Additional Advocate General.
4. We have perused the affidavits filed by the State Government from time to time as well as the compliance reports filed from time to time. We also perused the statement of objections and additional statement of objections filed by the State Government. The compliance report dated 17th June 2020 gives details about the benefit of grant of Rs.5,000/- to 14,92,088 workers. We also perused the memo filed by the Union of India dated 29th June 2020 and the annexures thereto. The compliance report of the State Government dated 1st July 2020 records that subsequent to 15th June 2020, apart from 14,92,088 workers, the benefit of payment of Rs.5,000/- was given to 31,711 workers. It was also stated that 129 applications were received for seeking 8 medical assistance and the assistance has been provided to many.
5. A compliance report has been filed on 29th August 2020 by the State Government recording that the aforesaid monetary relief has been extended to totally 16,49,625 workers. The district-wise bifurcation has also been set out.
6. Lastly, we must refer to the rejoinder filed by the petitioner on the stand taken by the State Government. A reply was filed by the State Government on 29th September 2020 to the rejoinder as well as for setting out the further steps taken. It records that so far 16,48,431 beneficiaries have received the assistance of Rs.5,000/-. A detailed statement showing the details of medical assistance and major medical assistance rendered to the construction workers has been annexed as Annexure-R24. The statement contains details of medical assistance given to 278 workers totally amounting to Rs.1,00,83,153/-. Annexure-R23 is a copy of the compact disc which according to the case of the State Government contains details of the transfer made to the beneficiaries of a sum of Rs.5,000/-.
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7. The learned Counsel appearing for the petitioner submits that the compact disc does not give the transaction identity numbers of transfer of Rs.5,000/- to the workers. However, it is stated that it contains the details about the payments done by the Board through DPT, through NEFT and through the Labour Officers. These details as regards 16,48,431 workers have been set out in the compact disc.
8. If the petitioner has any doubt whether the amount of Rs.5,000/- has really reached the bank account of the workers, the petitioner being a political personality can always ascertain from some of the workers who are entitled to the sum of Rs.5,000/- about the payments made to all eligible workers. If the petitioner finds that certain workers have been deprived of the payment and any other benefits which flow from the said Act of 1996 and the directions of the Apex Court, the petitioner can always approach this Court for revival of their petition. For the time being, we have to accept that a substantial compliance has been made by the State Government as on today. 10
9. Therefore, we are of the view that no further direction apart from the directions already issued are required to be issued. In the event, the petitioner finds that the details given in the compact disc Annexure-R23 are not correct or there are instances where eligible workers have not received amount of Rs.5,000/- through their bank accounts, the petitioner after collecting necessary material can apply for revival of this petition.
Subject to what is observed above, the petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE KK