Sunil Kumar Aledia vs Govt. Of Nct Of Delhi & Ors on 18 May, 2021

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Delhi High Court - Orders

Sunil Kumar Aledia vs Govt. Of Nct Of Delhi & Ors on 18 May, 2021

Bench: Manmohan, Navin Chawla

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P.(C) 2991/2020
     SUNIL KUMAR ALEDIA      ..... Petitioner
                   Through   Mr. Shiven Varma, Advocate
                   Versus
     GOVT. OF NCT OF DELHI & ORS ..... Respondents
                   Through   Ms. Shyel Trehan with Mr. Chirayu
                             Jain and Mr. Rohan Poddar,
                             Advocates for NCC-CL.
                             Mr. Gautam Narayan, ASC for
                             R-1/GNCTD.
                             Ms. Urvi Mohan, Advocate for
                             R-3/BOCW Board.
                             Mr. Kanwaljeet Arora, Secretary
                             R-4/DLSA.
                             Mr. Shreesh Chadha, Advocate for
                             Mr. Gaurang Kanth, Standing
                             Counsel for NDMC.
                             Mr. Parvinder Chauhan, Standing
                             Counsel with Mr. Nitin Jain,
                             Advocate for DUSIB.

     CORAM:
     HON'BLE MR. JUSTICE MANMOHAN
     HON'BLE MR. JUSTICE NAVIN CHAWLA
                 ORDER

% 18.05.2021 The applications have been heard by way of video conferencing. CM APPLS.16269-16270/2021 Allowed, subject to just exceptions.

Accordingly, the applications stand disposed of.

CM APPL.16268/2021

Present application has been filed challenging the order dated 21 st April 2021 passed by the Secretary (Labour) to the extent it m andates t hat all building workers should continue to appear physically for renewing their registrations. Petitioner also seeks order/direction in terms of proviso to Section 16(1) of the Building and Other Construction Workers (Regu lation of Employment and Conditions of Service) Act , 1996 (for sh ort 'BOCW Act') and to defer the requirement to file a 90-day work certificate for automatic renewal for the period 01st January 2019 to 31st December 2021.

Applicant also challenges Delhi BOCW Board Resolution 'Agenda Item 06/36' and seeks direction to the respondent-Board to release Covid-19 ex-gratia relief that was announced last year in March 2020 and May 2020, and this year in April 2021, for all eligible building workers.

Issue notice.

Ms. Urvi Mohan, Advocate accepts notice on behalf of non- applicant/respondent no. 3. She states that she has instruction t o st ate t hat condition of physical appearance of building workers for renewal of registration has been waived off/dispensed with. She prays for some time to obtain instructions with regard to dispensation of requ irement of 90 -day work certificate for renewal of registration of already registered building workers.

The attention of learned counsel for non applicant/respondent n o. 3 has been drawn to the decision of UP BOCW Board dated 16 th Decem ber, 2020 passed under proviso to Section 16(1) of the BOCW Act wh ereby t he UP BOCW Board has waived the annual contribution upto 31st March, 2021. The relevant portion of the UP BOCW Board's Resolution is reprodu ced hereinbelow:-

"Consideration and decision over the issue of proposal for sixth amendment in the U.P. Building and Other Construction Workers (Regulation of Employment and Service Conditions) Rules 2009.

The Secretary of the Board brought to notice that the Government of UP has extended the period of disaster to 31st March 2021 under Disaster Management Act, in consonance of which as per the provisions of U.P. Building and Other Construction Workers (Regulation of Employment and Service Conditions) Rules 2009 the time limit for registration and renewal of registration of the workers free of cost has been extended to 31st March 2021. In relation to the abovesaid all the members of the Board provided approval unanimously. "

This Court also directs that the order dated 20th May, 2020 passed by learned Predecessor Division Bench as well as the order dated 05 th May, 2021 passed by a Coordinate Bench in WP(C) 3031/2020 shall be given effect to notwithstanding the Minutes of Meeting dated 18 th Ju n e, 2019 of 36th Board Meeting of Delhi BOCWW Board.

List on 27th May, 2021.

Before the next date of hearing, Ms. Mohan is also directed to place on record the Minutes of the Meeting dated 13th April, 2021 held in pu rsuance to this Court's order dated 23rd March, 2021.

The Member Secretary, District Legal Services Au thority (DLSA) is directed to explore the option of setting up of kiosks near vaccination centres in and around major construction sites, to facilitate registration by the building/construction workers on the Co-WIN application for vaccination. Let him file a status report before the next date of hearing.

The order be uploaded on the website forthwith. Copy of t h e order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J NAVIN CHAWLA, J MAY 18, 2021 rn

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Delhi High Court - Orders