ASHOK GOSWAMI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard counsel. Grievance of the petitioner in this public interest litigation is that the provisions of Building and other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 [for brevity, the "Act"], have not been complied with. Various workers had made applications before the competent authority for grant of benefit in accordance with the provisions of the Act, however, those applications have not been decided. It is further submitted that an appeal was filed by 21 persons against certain orders before the appellate authority and the appellate authority vide its order dated 12th June, 2012 (Annexure P/2) has observed that the applications filed by the workers were not decided. It is further submitted that the authorities have not passed proper orders on the applications and the applications were not considered in accordance with law.

(2.) Aforesaid facts have been denied by respondent No. 7 by filing a separate return and the State in its return filed on behalf of respondents 1 to 6. It is submitted that there is no application pending after December, 2012.

(3.) Hon'ble the Supreme Court in the case of National Campaign Committee, C.L. Labour Vs. Union of India, 2009 3 SCC 269has issued following instructions in regard to implementation of the Act to All the Chief Secretaries, viz.