The Bombay High Court has ordered the Maharashtra Building and Other Construction Workers' Welfare Board to resume essential welfare services for construction workers, services that were suspended due to the Model Code of Conduct for upcoming state elections. This ruling came after a petition from construction workers' unions argued that the suspension of welfare benefits unjustly denied workers critical support unrelated to election activities.
In October 2023, the Welfare Board had issued a circular halting registration, renewal, and benefit distribution to workers, in line with the Code of Conduct aimed at preventing new policy actions that might influence voters. This suspension affected vital benefits, including health, maternity support, education allowances, and utility kits. Representing the petitioners, advocate Sudha Bharadwaj contended that these welfare services are statutory rights under the Building and Other Construction Workers Act, 1996, meant to protect unorganised labourers, and their suspension deprived workers of necessary protections.
The Welfare Board, represented by counsel Akshay Shinde, defended the suspension, explaining it was a precautionary measure to avoid any electoral influence. However, the court, led by justices Arif S. Doctor and Somasekhar Sundaresan, found that the Model Code of Conduct does not require halting pre-existing statutory benefits and is intended to prevent only new policy introductions during elections.
The court ruled that suspending these welfare services was beyond the Code's scope, ordering the Board to immediately reinstate registration, renewals, and benefit distribution, with the online portal accessible within 24 hours. It also directed that these actions proceed without political associations, maintaining the impartiality of the election process while ensuring workers' rights are preserved.
(HT)
