Mumbai: The model code of conduct for the forthcoming Maharashtra state assembly elections would not interfere with ongoing statutory activity, said the Bombay High Court. It quashed a decision taken last month by the state govt to suspend the registration of construction workers under a law that governs their employment.
The date of polling is Nov 20 and the counting will be held on Nov 23.
The suspension deprived them of work and disbursal of money under various welfare schemes, said petitions filed by various trade unions that challenged the Oct 17 circular. The HC vacation bench of Justices Arif Doctor and Somasekhar Sunderasan on Nov 6 said, “Building and construction work is essentially carried out by fragmented and unorganised labour, and the Act is a vital piece of legislation seeking to accord health, safety and welfare measures for such labour by regulating the employment of such labour and stipulating norms for their terms of service.”
Whenever elections are held in Maharashtra, the administration of the Act and the implementation of the schemes as existing when the model code of conduct was made applicable must necessarily be continued without any suspension in the ordinary course of administration, consistent with past practice and in accordance with benefits stipulated before the model code of conduct is brought into force, the HC ruled.
Advocate Sudha Bharadwaj, appearing for trade unions representing construction labourers, said the circular issued by the Maharashtra Builders and Construction Workers’ Welfare Board suspended the implementation of various welfare activities. The Act governing the workers is the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
The circular suspended statutory imperatives under existing schemes, argued Bharadwaj. It suspended fresh registrations and renewal of registrations besides distribution of benefits such as protective and essential gears, household utility sets, till further clarification from the Election Commission.
The counsel for the EC, Akshay Shinde, the HC noted, “fairly stated” that registration was a basic activity under the Act but said since benefits involve disbursal of funds, the Board sought guidance and pending clarification, issued the circular.
The HC said the Act is a welfare legislation. Registration of workers is a statutory right under the law and “such right cannot be suspended in the name of elections,” the bench ruled.
The registration is meant to be done “round the year” and is “imperative” for them to work and become beneficiaries for various central schemes. The code prohibits new schemes or changing benefits, as well as “any fanfare” and ceremonies involving political functionaries.
The HC directed the atate to ensure that the online portal under the Act is freely available to register workers and employers.