HC permits statutory activities during poll code, quashes Maha circular

The Bombay high court has set aside a Maharashtra government circular suspending registration of construction workers under a law that governs their employment citing the model code of conduct in view of the November 20 assembly polls.

A vacation bench of Justices Somasekhar Sundaresan and Arif Doctor, in an order passed on November 6, said, "There is nothing in the Model Code of Conduct that would interfere with the conduct of ongoing statutory activity".

"What would be prohibited is the creation of any fanfare and holding of ceremonies with the involvement of political functionaries," it observed.

A petition was filed in HC against a Maharashtra Building and Other Construction Workers' Welfare Board circular suspending implementation of various welfare measures under Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act citing the model code of conduct.

As per the plea filed by various trade unions, the suspension of such activities deprived beneficiaries of work and disbursal of money under various welfare schemes.

"Such registration and renewal process has to necessarily be administered round the year if the mandate of Parliament has to run its intended course. Consequently, there is no basis to suspend the same on account of the electoral Model Code of Conduct. What would be prohibited is the introduction of any new measure in the form of either policy of a revision of size of benefits when the Model Code of Conduct is in force," the court observed.

Building and construction work is essentially carried out by fragmented and unorganized labour, and the Act is a vital piece of legislation seeking to accord health, safety and welfare measures by regulating the employment of such labour and stipulating norms for their terms of service, the HC said.

The implementation of the schemes as existing when the Model Code of Conduct was made applicable must necessarily be continued without any suspension, it added.

It should be done in the ordinary course of administration, consistent with past practice and in accordance with benefits stipulated before the Model Code of Conduct is brought into force, the HC ruled.

Quashing the circular, the court said "publicity and advocacy activity" shall be kept to the bare minimum necessary to implement the schemes made under the Act.

"None of such activity shall entail any ceremony or fanfare or even any association with any political functionaries," it added.