In a significant ruling, the Bombay High Court has overruled a Maharashtra government circular that had suspended the registration and renewal of construction workers under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, citing the model code of conduct ahead of the November 20 assembly elections.
The vacation bench comprising Justices Somasekhar Sundaresan and Arif Doctor declared that the Model Code of Conduct does not preclude the continuation of statutory activities, including the registration of construction workers, which are essential to the operation of existing welfare schemes. The court’s decision came after various trade unions challenged the state’s move, arguing that the suspension deprived workers of crucial benefits.
According to the justices, “The Model Code of Conduct cannot halt ongoing statutory activities mandated by Parliament. Only the introduction of new policies or changes to existing benefits is restricted under the code.”
The circular in question had put a halt to the implementation of various welfare measures aimed at safeguarding the health, safety, and welfare of construction workers, an especially vulnerable segment of the unorganized labor force. The High Court emphasized that such measures must continue as usual, without the fanfare or involvement of political figures, ensuring that workers’ rights and welfare are not compromised during the election period.
The court further stated that any necessary “publicity and advocacy activity” should be minimized and must not involve ceremonies or political figures. This clarification by the High Court ensures that essential welfare operations under the Act will persist, upholding the intended protections and benefits for construction workers without disruption.
