Bombay High Court upholds rights of construction workers during elections |

Mumbai: The model code of conduct for the upcoming state assembly elections would not interfere with ongoing legislative activities, the Bombay High Court has said. It overturned a decision taken by the state government last month to suspend negotiations registration of construction workers under a law that regulates their work. The election date is November 20 and the counting will take place on November 23.
The suspension deprived them of employment and payment of money under various welfare schemes, according to petitions filed by several trade unions challenging the October 17 circular. The HC vacation bench of Justices Arif Doctor and Somasekhar Sunderasan said on November 6: “Building and construction work is essentially carried out by fragmented and unorganized labour, and the Act is a vital piece of legislation that seeks to provide health, safety and welfare measures for such labor by regulating the employment of such labor and establishing standards for their conditions of employment.”
Whenever elections are held in Maharashtra, the administration of the law and the implementation of the arrangements as they existed when the Model Code of Conduct came into effect must necessarily continue without any suspension in the normal course of business, in accordance with the practice of the past and in accordance with benefits laid down before the model code of conduct comes into effect, the HC ruled.
Advocate Sudha Bharadwaj, who appears for trade unions representing construction workers, said the circular issued by the Maharashtra Builders and Construction Workers’ Welfare Board suspended the implementation of various welfare activities. The law that regulates the workers is the Building and Other Construction Workers (Regulation of Employment and Terms of Service) Act, 1996. The circular suspended legal obligations under existing regulations, Bharadwaj argued. It has suspended new registrations and renewals of registrations, besides distribution of benefits such as protective and essential equipment, home appliances, until further clarification from the Election Commission.
The counsel for the Maharashtra Builders and Construction Workers’ Welfare Board, Akshay Shinde, observed the HC, “fairly stated” that registration was a basic activity under the law, but said that since benefits involve disbursement of funds, the Board requested advice and, pending clarification, issued the circular.
The HC said the law is a welfare law. Registration of employees is a legal right and “such right cannot be suspended in the name of elections,” the bench ruled. The code bans new arrangements or changing benefits, as well as “any fuss” and ceremonies involving political officials.