In Brief
This landmark public interest litigation concerns the non-implementation of two Parliament-enacted laws protecting India's unorganized construction workers: the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 and the Building and Other Construction Workers' Welfare Cess Act 1996. Despite collecting over Rs. 37,000 crores in cess (a constitutionally valid fee), State Governments and Union Territory Administrations utilized only Rs. 9,500 crores for worker welfare. The Court held that cess is a legitimate fee with rational nexus to construction worker welfare, not a tax. Delay in implementation cannot justify non-compliance. The judgment reaffirms that Article 21's guarantee of dignified living is fundamental and imposes binding duties on the State. The Court issued comprehensive directions for registration of workers and establishments, strengthening collection and audit mechanisms, framing a model welfare scheme, and conducting social audits to ensure effective implementation of this social justice legislation.
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