Pay Minimum Wages To Workers During Construction Ban : Supreme Court Directs Delhi, UP & Haryana Govts

The Supreme Court on Friday directed the Delhi NCR States to comply with its order for payment of wages notified under the Minimum Wages Act to workers in wake of ban on construction activities due to the ongoing Pollution crisis in the National Capital.

A Bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant had on November 24th re-imposed the ban on construction activities in Delhi-NCR directed the States to use the funds which have been collected as labour cess for the welfare of construction workers.

The Bench had also then directed the States to provide construction workers subsistence for the period during which construction activities are prohibited and pay wages notified under the Minimum Wages Act for the respective categories of workers.

The directions have been passed in the matter seeking emergency steps to control the worsening air quality situation in the national capital.

On Friday, Advocate Shyel Trehan, appearing for the Intervenor raised the issue of non­payment of wages in accordance with the Minimum Wages Act by the Government of National Capital Territory of Delhi and State of Haryana. She further informed the Court that the State of Uttar Pradesh has not announced any relief in this regard.

"I'll take instructions." Senior Advocate Ranjit Kumar appearing for State of UP said.

" You have to comply. We will clarify the order." the Bench had said.

"We direct the concerned States to comply with the Order passed by us in the matter", the order passed by the Court stated.

Taking note of the air quality crisis in the national capital, the Supreme Court had on 24th November re-imposed the ban on construction activities in Delhi-NCR until further orders. The Commission for Air Quality Management in Delhi-NCR had earlier decided to lift the ban with effect from November 22, taking note of the slight improvement in the air quality.

However, a bench led by Chief Justice of India NV Ramana, re-imposed the ban re-imposed the ban on the construction activities in the NCR subject to the following two conditions:-

(i) Non-polluting activities relating to construction such as the plumbing work, interior decoration, electrical work and carpentry are allowed to be continued;

(ii)The States shall use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited and pay wages notified under the Minimum Wages Act for the respective categories of workers".

The Court passed the order in the writ petition Aditya Dubey(Minor) and another versus Union of India, which is filed seeking urgent steps to improve the air quality of Delhi-NCR.

Case Title: Aditya Dubey (Minor) vs Union of India 

Click Here To Read/Download Order