MUMBAI: The Bombay High Court on Wednesday ordered the Maharashtra Construction and Other Workers Welfare Board to resume social welfare services for construction workers, which had been suspended under the Code of Conduct model for future state elections. This decision came in response to a petition filed by several unions of construction workers, who argued that the suspension of these essential services unfairly deprived them of statutory rights and essential benefits unrelated to election activities.

In October 2023, the Maharashtra Building and Other 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 influence voters. The suspension affected ongoing welfare measures critical to worker welfare, such as registration of new and returning workers, provision of protective and household kits, financial support for health and maternity care, housing and education. In view of the suspension, several unions representing construction workers filed a writ petition in the Bombay High Court, arguing that the suspension has blocked access to fundamental legal benefits.

The petitioners, represented by advocate Sudha Bharadwaj, argued that the circular is unjustified and has severely impacted the livelihood of construction workers who depend on these benefits. Bharadwaj pointed out that the suspended activities are mandatory provisions under the Construction 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 the unorganized labor sectors and rely on these welfare measures. According to Bharadwaj, the suspension has effectively left workers without basic protection and support, especially those who need health and maternity benefits, education allowances and essential supplies.

The Welfare Board, represented by Councilor Akshay Shinde, pointed out that the Board stopped welfare activities only as a precaution to avoid any perceived electoral influence.

After considering the arguments, a vacation bench headed by Justices Arif S. Doctor and Somasekhar Sundaresan ruled that the Model Code of Conduct does not mandate the cessation of pre-existing social activities under the Act. The court observed that the Code of Conduct is meant to prevent government bodies from implementing new programs or policies that could influence voters, not to suspend ongoing statutory rights. The court pointed out that the welfare benefits in question are fundamental rights under a welfare law created to provide security and relief to vulnerable workers and should not be affected by electoral protocols.

The court ruled that the circular should be quashed and ordered the Social Welfare Board to immediately resume worker registration, renewal of benefits and payment of welfare benefits by ensuring that the online registration portal is accessible within 24 hours. It also ordered that these activities be carried out without fanfare or political association, thus supporting the impartiality intent of the Code, 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

[email protected]

MUMBAI: The Bombay High Court on Wednesday ordered the Maharashtra Construction and Other Workers Welfare Board to resume social welfare services for construction workers which had been discontinued under the Model Code of Conduct for the upcoming state elections. This decision came in response to a petition filed by several construction workers’ unions, who argued that the suspension of these essential services unfairly deprived them of statutory rights and essential benefits unrelated to election activities.

In October 2023, the Maharashtra Building and Other 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 influence voters. The suspension affected ongoing welfare measures critical to worker welfare, such as registration of new and returning workers, provision of protective and household kits, and financial support for health and maternity care, housing and education. In view of the suspension, several unions representing construction workers filed a writ petition in the Bombay High Court, arguing that the suspension has blocked access to fundamental legal benefits.

The petitioners, represented by advocate Sudha Bharadwaj, argued that the circular is unjustified and has severely impacted the livelihood of construction workers who depend on these benefits. Bharadwaj pointed out that the suspended activities are mandatory provisions under the Construction 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 the unorganized labor sectors and rely on these welfare measures. According to Bharadwaj, the suspension has effectively left workers without basic protection and support, especially those who need health and maternity benefits, education allowances and essential supplies.

The Board of Social Care, represented by lawyer Akshay Shinde, defended the suspension, arguing that they had concerns about potential conflicts between the distribution of social care and the Model Code of Conduct. Because many benefits involve direct financial transfers, the Council sought clarification from the Electoral Commission to determine whether continuing these services would violate the electoral code. Shinde pointed out that the Council stopped welfare activities only as a precaution to avoid any perceived electoral influence.

After considering the arguments, a vacation bench headed by Justices Arif S. Doctor and Somasekhar Sundaresan ruled that the Model Code of Conduct does not mandate the cessation of pre-existing social activities under the Act. The court observed that the Code of Conduct is meant to prevent government bodies from implementing new programs or policies that could influence voters, not to suspend ongoing statutory rights. The court pointed out that the welfare benefits in question are fundamental rights under a welfare law created to provide security and relief to vulnerable workers and should not be affected by electoral protocols.

In its decision, the court held that the suspension of these activities represented an overreach of the purpose of the Model Code of Conduct. The court ruled that the circular should be quashed and ordered the Social Welfare Board to immediately resume worker registration, renewal of benefits and payment of welfare benefits by ensuring that the online registration portal is accessible within 24 hours. However, the court also ordered that these activities be carried out without fanfare or political association, thus upholding the Code’s intent of impartiality, without compromising the rights of construction workers.