1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 18
TH
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

2

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
1
ST
MAIN ROAD, NEAR
3

VIJAYANAGAR NURSING COLLEGE
NAGARBHAVI VILLAGE
NAGARBHAVI, BANGALORE-560072

12. URC CONSTRUCTIONS (P) LTD.,
NO.1143, 1
ST
CROSS, 12
TH
MAIN
HAL 2
ND
STAGE, INDRANAGAR
BANGALORE-560008

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

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

15. M/S.SIMPLEX INFRASTRUCTURE
LTD., NEAR CHRIST COLLEGE, 8
TH
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
1
ST
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, 8
TH
MILE
HESARAGHATTA CROSS, BANGALORE-560057

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

19. IVRCL LTD., M-22/3 RT
VIJAYNAGAR COLONY
4

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, 22
ND
CROSS, 9
TH
MAIN
BANASHANKARI 2
ND
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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