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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 18TH DAY OF AUGUST 2014

PRESENT

THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE ASHOK B. HINCHIGERI

WRIT PETITION NO.48094/2012 (L-RES-PIL)

BETWEEN SAMUEL SATHYASHEELAN S/O LATE SHRI DAVID ALEXANDER AGED ABOUT 25 YEARS, R/AT NO.73

ANNAI ILLAM, 2ND MAIN ROAD S.K.GARDEN, BANGALORE-560 046 ... PETITIONER (BY SRI CLIFTON D. ROZARIO, ADV., FOR M/S.ALTERNATIVE LAW FIRM, ADVS.,)

AND 1.UNION OF INDIA REP BY THE SECRETARY MINISTRY OF URBAN DEVELOPMENT

AND CHAIRMAN, BANGALORE METRORAIL CORPORATION LTD., NIRMAN BHAVAN NEW DELHI-110011 2.UNION OF INDIA REP BY THE SECRETARY MINISTRY OF RAILWAYS

RAIL MANTRALAYA, LODHI ROAD NEW DELHI-110011 3.UNION OF INDIA REP BY THE SECRETARY MINISTRY OF LABOUR AND EMPLOYMENT

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SHRAM SHAKTI BHAWAN

RAFI MARG, NEW DELHI-110001 4.STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560001

5.STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA BANGALORE-560001

6.STATE OF KARNATAKA REP BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR VIDHANA SOUDHA BANGALORE-560001

7.BANGALORE METRO RAIL CORPORATION LIMITED REP BY ITS MANAGING DIRECTOR 3RD FLOOR, BMTC COMPLEX, K.H.ROAD SHANTHINAGAR, BANGALORE-560027

8.LABOUR COMMISSIONER KARMIKA BHAVAN, ITI COMPOUND BANNERUGHATTA ROAD BANGALORE-560029

9.KARNATAKA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD KOUSHALYA BHAVAN, BANNERGATTA ROAD BANGALORE-560029 10.DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL)

"SHRAM SADAN", 3RD CROSS, 3RD MAIN YESHWANTPUR INDUSTRIAL SUBURB 2ND STAGE, TUMKUR ROAD BANGALORE-560022 11. PUNJ LLOYD LTD., NO.22

1ST MAIN ROAD, NEAR

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VIJAYANAGAR NURSING COLLEGE

NAGARBHAVI VILLAGE NAGARBHAVI, BANGALORE-560072 12. URC CONSTRUCTIONS (P) LTD., NO.1143, 1ST CROSS, 12TH MAIN HAL 2ND STAGE, INDRANAGAR

BANGALORE-560008 13. M/S.ITD-ITD CEM JOINT VENTURE KHY KHA VILLA NO.632 5TH MAIN ROAD, INDRANAGAR 2ND STAGE, BANGALORE

14. M/S.AHLUWALIA CONTRACTS (INDIA) LTD., 246, 1ST FLOOR 13TH CROSS, SRS PLAZA INDIRANAGAR 2ND STAGE BANGALORE-560038

15. M/S.SIMPLEX INFRASTRUCTURE LTD., NEAR CHRIST COLLEGE, 8TH KMS FROM KENGERI TOWARDS MYSORE KANAMINIKE VILLAGE, KUMBALGUDU POST MYSORE EXPRESS HIGHWAY

BANGALORE-560074 16.M/S.LARSEN & TOUBRO LTD., (ECC DIVISION) NO.896/25/3 1ST B MAIN ROAD OPP: SAPTHAGIRI CONVENTIONAL HALL

MAHALAXMI LAYOUT, BANGALORE-560086 17. M/S.JMC PROJECTS INDIA LTD., 39/2, OLD RELIANCE BUILDING T.DASARAHALLI, 8TH MILE HESARAGHATTA CROSS, BANGALORE-560057

18. M/S.NAGARJUNA CONSTRUCTION CO. LTD., BMRCL, REACH-4 SURAJ CENTRE, 235/12, 27TH CROSS JAYANAGAR, 7TH BLOCK, BANGALORE-560082 19. IVRCL LTD., M-22/3 RT

VIJAYNAGAR COLONY

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HYDERABAD-500057

ANDHRA PRADESH 20. JMC-ATEPL JOINT VENTURE REGISTERED OFFICE:KALPATARU SYNERGY, OPP:GRAND HYATT SANTACRUZ (EAST), MUMBAI-400055

SITE OFFICE: NO.37/1-25 KANAKAPURA MAIN ROAD BANASHANKARI, BANGALORE-560078 21. COASTAL-TTS-JV SITE OFFICE JAKKARAYANA KERE, PLATFORM ROAD

OPPOSITE TO SWATHI HOTEL SHESHADRIPURAM, BANGALORE-560020 22. M/S.CEC-SOMA-CICI JV BANGALORE METRO UG-2 PROJECT OFFICE, BESIDES

M.CHINNASWAMY STADIUM M.G.ROAD, LANDMARK:OPP. GATE NO.20 BANGALORE-560001 23. M/S.GYT-COASTAL JV #2265, 22ND CROSS, 9TH MAIN

BANASHANKARI 2ND STAGE BANGALORE-560070 (R-11 TO 23 IMPLEADED V/O DT. 18.12.2013) ... RESPONDENTS (BY SRI S KALYAN BASAVARAJ, ASG FOR R-1 TO 3;

SRI R DEVDAS, PRL.G.A. AND SMT.SHWETA KRISHNAPPA, HCGP FOR R-4 TO 6 & 8; SRI S S NAGANAND, SR.ADV., FOR SRI N N HARISH FOR M/S.AAREN ASSOCIATES, ADVS., FOR R-7; SRI M R C RAVI, ADV., FOR R-8; SRI SHASTRI ASSOCIATES, ADV., FOR R-11; SRI P B APPAIAH, ADV., FOR R-12;

SRI N J KUMAR, ADV., FOR R-13; SRI R KRISHNA, ADV., FOR R-14; SRI B N ANANTHANARAYANA, ADV., FOR R-15; SRI B R KRISHNA, ADV., FOR R-16; SMT S R ANURADHA, ADV., FOR R-17 & 20; SRI M P PRABHAKAR, ADV., FOR R-18 & 21 TO 23;

SRI M MOHAN KUMAR, ADV., FOR R-19)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

RESPONDENTS TO ENSURE THAT THE CONSTRUCTION

WORKERS ARE PROVIDED WITH DECENT, HYGIENIC AND

DIGNIFIED LIVING QUARTERS WITH ALL NECESSARY CIVIC

AMENITIES IN ACCORDANCE WITH THE PROVISIONS OF LAW

AS LAID DOWN IN THE BUILDING AND OTHER

CONSTRUCTION WORKERS ACT, THE INTER-STATE MIGRANT

WORKMEN ACT AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS

THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

D.H.WAGHELA, CJ (Oral) 1. In this writ petition filed by a public spirited citizen,

certain aspects relating to violation of various legislations

governing workmen working on the Bangalore Metro Rail

project have been raised. Several far reaching reliefs have

been sought. The respondents who have appeared have

contested the petition by filing voluminous pleadings,

reports, affidavits and memos from time to time as per the

directions given by this Court in various interim orders.

During the pendency of this case, the respondents have

been sensitized to the constructive role they ought to play

in ensuring meaningful and full compliance with various

labour laws so that the workmen are in a position to take

benefit of the beneficial legislations.

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2. It is submitted before us that the interims orders have

led to better compliance. However, there are many aspects

which require constant monitoring till the completion of all

phases of the Bangalore Metro Rail project in regard to

compliance with labour legislations. It is found to be

impractical for the Court to monitor the compliance on a

regular basis and, therefore, it was suggested to the Court

that further monitoring could be left to a monitoring

committee to be set up by this Court.

3. We have heard learned counsel for all the parties and

have also taken note of the suggestions made by all of

them, particularly by the petitioner and respondent No.7,

Bangalore Metro Rail Corporation Limited. In light of the

record, we consider it appropriate to issue certain

directions and not go into the specific issues raised in

the petition and which are contested by the respondents.

4. Being a public interest petition, the petitioner having

brought certain important issues before the Court and some

of them having been redressed by the interim orders

passed in this petition, at this juncture, we are satisfied

that effective redressal of the issues raised by the petitioner

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would be achieved by issuance of following directions, while

disposing of this petition.

5. Accordingly, in terms of the broad consensus arrived

at, we issue the following directions:

I. We constitute a Monitoring Committee which shall

function till the completion of all construction work

of the Bangalore Metro Rail project. The

Committee shall have the following Members:

a. The Deputy Chief Labour Commissioner

(Central) or his nominee appointed from

time to time - on behalf of the Labour

Department of the Central Government.

b. The State Labour Commissioner or his

nominee appointed from time to time - on

behalf of the Labour Department of the

State Government.

c. The Chief Engineer Reach-4, Capt.

R.R.Doddihal or other nominee of equal

rank, on behalf of BMRCL.

d. One representative from amongst all

the contractors/respondents.

e. One representative from amongst the sub-

contractors.

f. Union leader of trade union (if any) of the

workmen engaged in execution of the

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Bangalore Metro Rail project or any

representative on behalf of the workmen.

II. The committee shall consider on a case to case

basis the grievances, if any, of the workmen or

any other person on their behalf, relating to non-

compliance with any of the labour laws and shall

advise appropriate measures to be taken to resolve

the grievance in accordance with the various

labour laws and also ensure its compliance. This

shall be in addition to the remedies available to the

workers under the relevant provisions of law

applicable in the facts of the case.

III. Payment of wages to workers shall be in the

presence of a Labour Inspector deputed by the

Department of Labour and a representative of

BMRCL and shall be made directly to the

workman without the intervention of any of the

labour contractors/sub-contractors.

IV. The BMRCL and all contractors shall take all steps

to ensure registration of all construction workers

engaged in the metro rail project under the Building

and Other Construction Workers (Regulation of

Employment and Conditions of Service) Act, 1996.

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V. The State Labour Commissioner and the Deputy

Chief Labour Commissioner (Central) shall conduct

regular and periodic inspections in order to ensure

compliance with labour laws, including through

interaction with the workers.

VI. The committee shall endeavour to inform and

publicise to all the workmen engaged in the

construction of the Bangalore Metro Rail project of

the constitution of the committee and its role, by a

suitable circular and public notice.

6. The question relating to applicability of the Inter-State

Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979 to the workmen employed

on the construction work of the Bangalore Metro Rail

project is left open for consideration before the committee

and in appropriate proceedings.

7. The above directions are based, for the most part, on

consensus among the parties concerned and it would be in

the fitness of things to place on record appreciation of the

constructive approach adopted by learned counsel

appearing for the petitioner as well as for the respondents.

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8. Before parting with adjudication of the present public

interest litigation, we express our hope that the Deputy

Chief Labour Commissioner (Central) will convene meetings

of the Committee, as far as may be, once in every month

and ensure that all the grievances or complaints coming to

his notice will be resolved by strict enforcement of the legal

provisions by the law enforcement agencies on the one

hand and co-operation by the contractors, who are joined

herein as respondents and even by those whose names

somehow did not appear in the cause-title, on the other

hand.

9. The petition is disposed in the aforesaid terms, with

no order as to cost and with liberty to the parties to

approach this Court in case of difficulty, by way of a fresh

petition.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

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