HC issues notice to Delhi govt, others on plea seeking to provide relief to workers, migrant labourers

The petitioner highlighted that due to the lack of responsibility taken by employers, governments and concerned departments alike, these workers are not just left to fend for themselves but are also deprived of the mandated benefits of crores of funds collected in their name.The plea has sought direction to concerned authorities to ensure that all workers falling under the scope of the Act who are currently hosted at DUSIB shelter homes and emergency shelter homes, labour camps and construction sites are promptly registered under the BOCW Act.It also sought an order directing the respondents and concerned authorities to ensure that all the construction workers whose names have been filed by construction compes and employers with the Labour Department are promptly registered as beneficiaries under the BOCW Act.

The Delhi High Court has issued notice to the Delhi government and others on a petition seeking to provide relief and all mandated benefits to workers and migrant labourers.

A Division Bench of Chief Justice DN Patel and Justice C Hari Shankar asked the Delhi government, Delhi State Legal Services Authority, Labour Department and others to file reply on the petition filed by activist Sunil Kumar Aledia.

The court listed the matter for further hearing on May 8.

The petitioner highlighted that due to the lack of responsibility taken by employers, governments and concerned departments alike, these workers are not just left to fend for themselves but are also deprived of the mandated benefits of crores of funds collected in their name.

"The fate of non-registration for welfare schemes has been faced by labourers and workers for far too long and is particularly inflated by the COVID-19 lockdown," said the petitioner.

"It is a stark reality of Delhi that despite infrastructure projects being taken up by huge compes (including those arising out of lucrative government contracts for government buildings), these poor, uneducated and unaware workers have been left to fend for themselves. Neither the Delhi government nor the compes/contractors have come forward to facilitate and/or ensure their registration as beneficiaries under said welfare and beneficial Act," the petition said.

"Most construction workers of Delhi are not registered as construction workers, thus depriving them not only of monitoring on whether wages are being paid to them as per the guidelines under the Disaster Management Act, 2005, by their principal employers, but also all benefits of the welfare schemes under the BOCW Act including the direct bank transfer relief provided by the government for construction workers," it added.

The lack of implementation of these Acts is particularly and greatly highlighted in Delhi by the "extraordinary emergent situation created by the COVID-19 outbreak and its undeniably appalling attendant and consequent effects," the plea mentioned.

There are an estimated more than 10 lakh construction workers who work in Delhi, the petition said.

Appearing for social worker Aledia, senior advocate Sudhir Nandrajog and lawyer Shiven Varma sought direction to concerned authorities to provide relief to workers and labourers and all mandated benefits be provided to them, including those who were previously registered in the last two years but have not renewed their membership under the BOCW Act.

The plea has sought direction to concerned authorities to ensure that all workers falling under the scope of the Act who are currently hosted at DUSIB shelter homes and emergency shelter homes, labour camps and construction sites are promptly registered under the BOCW Act.

It also sought an order directing the respondents and concerned authorities to ensure that all the construction workers whose names have been filed by construction compes and employers with the Labour Department are promptly registered as beneficiaries under the BOCW Act.

Moreover, it has sought direction to the DSLSA to set up programmes and camps to ensure that all eligible construction workers employed in Delhi are registered as beneficiaries under the Building Act.

( With inputs from ANI )