The court said other workers are “equally poor” and that the Center needs to be “proactive”.
New Delhi:
The Supreme Court on Friday asked the Center why it couldn’t issue an order that funds raised under the social protection scheme for building and construction workers across the country also be used for other workers during the COVID-19 pandemic.
A three-judge bench led by Chief Justice SA Bobde said other workers are “equally poor” and the Center needs to be “proactive” on this issue.
“Why don’t you just issue an order that during the COVID period you can use it for construction workers and other workers as well,” asked the bench, also including justices AS Bopanna and V Ramasubramanian , to Supplementary Solicitor General Madhavi Divan.
Madhavi Divan told the bench that she would follow instructions on the matter and return to court.
The issue was raised in court hearing an application filed by Madhya Pradesh asking for permission to withdraw Rs 1,000 crore out of a total of Rs 1,985 crore collected under the social protection program for construction workers and building.
Madhya Pradesh’s lawyer told the judiciary that the state needs the money as the revenue stream has fallen to 50% due to the pandemic.
He said the amount collected under the program for construction and building workers goes to the state social council.
“We are praying for Rs 1,000 crore subject to interest that the state social council will earn in 12 months. We will return the money to the state social council with interest,” said the lawyer.
The petition was filed in a case in which a petition was filed in court in 2006 calling for the implementation of two laws – the Building Workers and Other Construction Workers Act 1996 (employment regulation and Conditions of Service) and the Construction Workers and Other Construction Workers Act, 1996 ” Welfare Cess Act, 1996, (Cess Act) – intended for the welfare of construction workers across the country.
During the hearing conducted by video conference, the applicant’s lawyer objected to the plea filed by Madhya Pradesh.
The bench asked the state council why they want to “withdraw Rs 1,000 crore” from the fund for other purposes.
“We collect this amount every year and distribute it every year,” the lawyer said, adding that many migrant workers have come to Madhya Pradesh due to the COVID-19 pandemic and the state cannot them. pay because they are not registered.
“Why don’t you register them? You identify which ones you want to give the benefit to. Once you identify them, you can give them the advantage,” the bench said.
The state council said that the state can only register workers involved in construction and construction work, as the fund provided for in the 1996 law is only for them.
The bench, while asking Divan if such an order can be issued to use the funds raised for other workers as well, said the government can put a condition that those who take money out of the fund will return it in a delay.
“You (center) have to be proactive,” the bench said.
“Madhavi Divan, Additional Solicitor General, appearing on behalf of the Indian Union is seeking some time for instructions. List the issue after two weeks,” he said.
(Except for the title, this story was not edited by GalacticGaming staff and is posted from a syndicated feed.)
