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Bombay High Court Upholds Construction Workers’ Rights During Elections |

Bombay High Court Upholds Construction Workers’ Rights During Elections |

HC: Construction workers' rights cannot be suspended during elections

Mumbai: The Bombay High Court has said that the model code of conduct for the upcoming state assembly elections will not interfere with ongoing legal activities. It overturned a decision taken by the state government last month to suspend education. registration of construction workers pursuant to a law regulating their employment. The voting date is November 20, and counting will be held on November 23.
In the petitions submitted by various unions objecting to the October 17 circular, it was stated that this situation deprived them of jobs and payment of money under various social assistance schemes. The HC recess bench of Justices Arif Doktor and Somasekhar Sunderasan said on November 6: “Building and construction work is mainly carried out by fragmented and unorganized labour, and the Act is a vital piece of legislation aimed at harmonizing health, safety and welfare measures for workers.” “by regulating the employment of all types of labor and determining the norms regarding the conditions of service.”
When elections are held in Maharashtra, the administration of the Act and the implementation of the plans in place when the model code of conduct is introduced must be continued without any interruption in the ordinary course of administration, in accordance with and in accordance with past practices. The HC held that the model code of conduct had the benefits envisaged before it came into force.
Advocate Sudha Bharadwaj, who joins unions representing construction workers, said that the circular issued by the Maharashtra Builders and Construction Workers Welfare Board has suspended the implementation of various welfare activities. The law regulating workers is the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996. Bharadwaj maintained that the circular suspended legal obligations under existing schemes. It suspended new registrations and renewals of registrations, as well as the distribution of aid such as protective and essential clothing, household items, until further clarification from the Electoral Commission.
HC, Akshay Shinde, counsel for the Maharashtra Builders and Construction Workers Welfare Board, said the registration “fairly states” that it is an essential activity under the Act, but since benefits require disbursement of funds, the Board has sought guidance and clarification pending. published the circular.
HC said the Act is a welfare law. The panel ruled that registration of workers was a legal right under the law and that “such a right cannot be suspended in the name of elections.” The rules ban new plans or changing benefits, as well as “any kind of fanfare” and ceremonies involving political officials.