Unregistered labourers not getting benefits during COVID-19: HC seeks Centre, AAP govt stand

The Delhi High Court on Friday sought response of the Centre and AAP government on a PIL seeking registration of all construction workers in the national capital so that all of them can get the benefits being provided to labourers during COVID-19 lockdown.

The plea contended that only a small section out of the over 10 lakh workers in the city are registered under the laws regulating their welfare and service conditions and thus, a huge chunk of the labourers are not getting benefits actually meant for them.

A bench of Chief Justice D N Patel and Justice C Hari Shankar issued notices to the Union Ministry of Labour and Delhi government on the plea by a social activist, Sunil Kumar Aledia, and sought its response before the next date of hearing on May 8.

The court also issued notice to the Delhi State Legal Services Authority (DSLSA) and Delhi Urban Shelter Improvement Board (DUSIB).

The Delhi government, represented by Additional Solicitor General Sanjay Jain, additional standing counsel Sanjoy Ghose and advocate Urvi Mohan, opposed issuance of any interim orders and assured the court that its response would be filed before the next date of hearing.

Senior advocate Sudhir Nandrajog and advocate Shiven Varma, appearing for Aledia, argued that the Centre has issued an advisory to all state governments to use the funds with the Building and Other Construction Workers Welfare Boards to make payments to labourers registered under the Building and Other Construction Workers Act.

According to the petition, the construction workers not registered under the Act cannot avail the benefits.

The petition has sought directions to the Delhi government to register all the construction workers, lodged in shelter homes here.

The petition has contended that despite collection of over Rs 2,000 crore under the Building and Other Construction Workers Welfare Cess Act in the names of lakhs of workers, only 37,127 construction labourers who are registered are getting the benefits.

It has also claimed that there has been gross under-registration of construction workers in the national capital since 2015.

The petition has contended that the lockdown has led to work and wages being denied to the labourers and the relief granted by governments, through direct benefit transfers or orders to pay wages, are not available to those not registered.

It has further contended that due to lack of responsibility by employers, governments, and concerned departments, these workers have been left to fend for themselves and also deprived of the mandated benefit of crores of funds collected in their names.

The plea has also sought a direction to the Centre and Delhi government to ensure all employers and building companies comply with the laws regulating service conditions of their workers.