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Mumbai: In a landmark judgment, the Bombay High Court has quashed the decision of the Maharashtra Building and Other Construction Workers Welfare Board (MBoCW) to suspend the registration, renewal, and distribution of welfare schemes for construction workers during the enforcement of the Model Code of Conduct (MCC) for the November 20 assembly elections.
The ruling, issued in the case Maharashtra Rajya Bandhkam Kamgar Sanyukt Kriti Samiti (MRBKSKS) vs. State of Maharashtra, saw Kamgar Sanrakshan Sammaan Sangh (KSSS) as one of the main petitioners, emphasizing the union’s dedication to safeguarding workers’ rights to social security. The Court’s intervention ensures that construction workers’ rights to social security are protected and has directed the Board to uphold this ruling during future elections as well.
The welfare of construction workers has often been jeopardized by the BoCW’s repeated suspension of registrations during various elections, including panchayat, Lok Sabha, and Assembly elections. The Court observed that the BoCW’s activities have no bearing on the MCC, emphasizing that such suspensions are unnecessary and harm workers’ access to critical social security benefits.
Established under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the BoCW Act is mandated to safeguard construction workers’ rights by providing social security, ensuring safe working conditions, and promoting skill development. However, the Board’s routine suspensions during MCC were infringing upon these rights, denying workers the protections they desperately need.
A Flawed Approach to Worker Welfare:
The reason behind the Board’s continued suspension of registration services remains unclear. Construction workers, many of whom earn modest wages and work without formal contracts, are particularly vulnerable to labour rights violations, such as wage theft, unsafe working conditions, and lack of social security.
The BoCW Act serves as a crucial framework to protect these workers, but the Board’s actions have hindered its potential, focusing instead on arbitrary and unnecessary programs. Despite ample funding from construction project cess collections, the Board has diverted resources away from meaningful welfare improvements.
It has not reconstituted its tripartite board after its dissolution years ago and has prioritized schemes like household and “safety kits” over fundamental necessities such as housing, healthcare, and education. These household and safety kits have raised concerns due to potential kickback arrangements with suppliers, where funds are channelled in ways that may benefit intermediaries rather than the workers themselves.
Furthermore, the registration process itself is overly cumbersome, taking workers months to complete before they can even access social security benefits.
The Need for Accountability and Reform:
The construction workers’ unions will closely monitor the Board’s functioning to ensure it prioritises workers’ welfare. Unions are prepared to take further actions, including legal proceedings and public mobilisation, to hold the Board accountable. They seek to foster an efficient, transparent, and effective welfare system that genuinely serves the needs of construction workers.
For further information, please contact: Bilal Khan / Akhilesh Rao – 9958660556 / 9702726051
Bombay HC quashes decision to suspend construction worker registrations during poll code, timely intervention secures right to social security and other important rights
