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Module 1 Session 16 Bruhad_vs_State_on_26_July_2011

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16 views4 pages

Module 1 Session 16 Bruhad_vs_State_on_26_July_2011

Uploaded by

Vishwam Prakash
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Bruhad vs State on 26 July, 2011

Bruhad vs State on 26 July, 2011

Author: Chief Justice

Bench: S.J.Mukhopadhaya, J.B.Pardiwala

SCA/14565/2008 4/ 4 ORDER

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL
CIVIL APPLICATION No. 14565 of 2008

=========================================================

Indian Kanoon - http://indiankanoon.org/doc/46944818/ 1


Bruhad vs State on 26 July, 2011

BRUHAD
AHMEDABAD ADIVASI BHIL SHIKSHIT YUVAK MITRA MANDAL - Petitioner(s)

Versus

STATE
OF GUJARAT & 4 - Respondent(s)

=========================================================

Appearance
:
MR
NIKHIL D JOSHI for
Petitioner(s) : 1,
MR PK JANI, GOVERNMENT PLEADER for
Respondent(s) : 1 - 2.
NOTICE SERVED for Respondent(s) : 1 - 2,
4,
NOTICE UNSERVED for Respondent(s) : 3,
MR PS CHAMPANERI for
Respondent(s) :
5,
=========================================================

CORAM
:

HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA

Indian Kanoon - http://indiankanoon.org/doc/46944818/ 2


Bruhad vs State on 26 July, 2011

and

HONOURABLE
MR.JUSTICE J.B.PARDIWALA

Date
: 26/07/2011

ORAL
ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA) On 4th July 2011, it was
informed that seven additional schemes have been framed for the unorganised workers. The Court
having noticed the same, as mentioned in paragraph 2 of the order dated 4th July 2011, directed the
respondent-State to notify those schemes under Section 3(4) of the Unorganised Workers' Social
Security Act, 2008.

An affidavit has been filed today, whereunder it is stated that the aforesaid seven schemes relate to
the organised workers under the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996.

Thus, it will be evident that no scheme has been framed under the Unorganised Workers' Social
Security Act, 2008 though more than three years have passed after the enactment of the said Act.

From the stand taken by the State, it will also be evident that no State Social Security Board for
unorganized workers has been constituted though more than three years have passed, and in spite of
the order dated 4th July 2011, no such Board has been constituted till date.

Indian Kanoon - http://indiankanoon.org/doc/46944818/ 3


Bruhad vs State on 26 July, 2011

Learned Government Pleader appearing on behalf of the State submits that the scheme can be
framed only after the constitution of the Social Security Board for unorganized workers, but such
stand cannot be accepted as under Section 3(4) of the Act, it is the State Government which has to
formulate and notify suitable welfare scheme for unorganized workers including the schemes
relating to --

(a) provident fund;

(b) employment injury benefit;

(c) housing;

(d) educational schemes for children;

(e) skill upgradation of workers;

(f) funeral assistance; and

(g) old age homes.

Therefore, the State Government cannot delay the matter on the ground that the State Social
Security Board for unorganised workers has not been constituted.

In the circumstances, we direct the State Government to give a time frame by which it intends to
notify social security and welfare schemes, if any, under Section 3(4) of the Unorganised Workers'
Social Security Act, 2008 and the time frame by which they will constitute the Social Security Board
for the State.

We may make it clear that the Board should be constituted within a reasonable period, say, within a
month or six weeks.

Let copy of this order be handed over to learned Government Pleader.

Post the matter for orders on 4th August 2011.

(S.J.Mukhopadhaya, CJ.) (J.B.Pardiwala, J.) /moin

Indian Kanoon - http://indiankanoon.org/doc/46944818/ 4

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