POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS in this batch of original petitions are all contractors, most of whom are registered with the Public Works Department of the Kerala State in accordance with the executive orders issued by the Government, from time to time and incorporated in the Kerala Public Works Department Manual. Only persons so registered are entitled to submit tenders for "works", which term includes civil works and water supply and sanitary installation works. Most of the Petitioners are engaged in doing civil works, but some of them are engaged in doing electrical works, fabrication, painting, etc. The registration enures for a period of two years at a time, the registration laeing granted on payment of graded scales of fee as fixed by the Government, for contractors classified as A, B, C, D. The challenge in these original petitions is to certain provisions of the Kerala Construction Workers' Welfare Fund Act (20 of 1989) (the Act) and the Scheme framed thereunder. There is also a further question as to the relevant, date with reference to which the contributions are payable under the Act, about which I shall mention the details later.

(2.) IN particular, the challenge is to Sections 2(g), 8(2) and 9 besides Clauses 25 and 26 of the Scheme. The challenge is on different grounds. Before discussing the merits of the challenge, I shall set forth the salient features of the Act and the object with which it was enacted.

(3.) SECTION 2 is the definition section. Since the Act is intended for the welfare of construction workers there are detailed definitions of construction work, construction worker, contractor, contribution, employer and the like. I shall extract these and other relevant definitions for purpose of convenience of reference.