Mongbijam Sunita Devi vs State Of Manipur

R.S., CJ

[1] The prayers in this petition are as follows:-

"(ii) issue a writ in the nature of certiorari for quashing the Manipur Building & Other Construction Rules 17 (1) (a) which is inconsistent with the parent ACT.

(iii) direct the Respondent for proper implementation of the Building and Other Construction workers (Regulation of Employment and Condition of Services) Act, 1996 by incorporating in the State Rules the provisions of Safety and Health of the building and other construction workers as done in Central Rule.

(iv) direct the Respondent to frame Rules in conformity with the parent ACT."

[2] The cause of action for filing this PIL is on the premises that the petitioner Union is espousing the cause of workers who are engaged in the building and other construction works and in course of their employment, the workers do not earn sufficient income as provided by law. They do not get service benefits and they stagnate as building workers for lifetime. Besides, when they suffer from accidents or when their health is affected in the course of employment, the avenue for legal redressal is not extended with full measure thereby depriving them the fundamental right to life. This petition is filed by the petitioner's Union to safeguard the interest of the building and other construction workers in accordance with Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. Though law is in force, it is not effective because rules are not in consonance with the Act. Furthermore, the members of the petitioner's Union and other workers are engaged on temporary basis without any certainty as to the time and place of work, inadequate salary and they also suffered risk of life and limb because they do a very arduous and difficult job of construction.

[3] In this regard, Mr.A.Mohendro, learned counsel for the petitioner points out that Ordinance was issued in the year 1995 and thereafter, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules as amended was issued. In so far as the State of Manipur is concerned, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008. The petitioner's grievance primarily appears to be Rule 17(1)(a) stating that it is inconsistent with the Central Act, 1996.

[4] Mr. N.Kumarjit, learned AG appearing for the state assisted by Mr. Lenin Hijam, Addl.AG pointed out that the anomaly pointed out by the petitioner has already been taken into consideration by the State and the Law Department is actively considering the issue of re-framing the Rules, more particularly, with relation to the appointment of the post of Chairperson of the Board. Once the issue is resolved by amendment of the Rules as may be necessary, the issue can be resolved.

[5] In this view of the matter, the PIL stands disposed of with the direction to the State to deal with the matter in the appropriate manner at the earliest preferably within a period of 8 to 12 weeks.

[6] Mr.N.Kumarjit, learned AG seeks further time to get instruction in terms of the order dated 26.02.2019 passed in WA No. 6 of 2019.\

Post the other writ appeals on 20.5.2019.