Delhi High Court Reviews PIL on Social Security Code
The Delhi High Court recently addressed a public interest litigation (PIL) that questions the current definition of ‘building or other construction work’ as outlined in Section 2(6) of the Code on Social Security, 2020. The petition, filed by the National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) and the Nirman Mazdoor Panchayat Sangam, has prompted the court to issue a notice to the Central government.
Bench Directions and Arguments
The Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, has requested a formal response from the Union government regarding the petition. The petitioners claim that the current definition unjustly excludes workers engaged in construction projects linked to factories and mines, residential constructions, and those involving fewer than ten workers. This exclusion, they argue, leaves a significant portion of construction laborers without the social security benefits that the Code intends to provide.
Impact of Definition Changes
Under the previous Building and Other Construction Workers Act of 1996, all construction workers were eligible for registration as beneficiaries, regardless of the project’s size or nature. However, the revised definition under the Code, effective November 25, 2025, integrates ‘establishment’ into ‘building or other construction work,’ introducing exclusions that were not present before. The petitioners argue that this change adversely affects workers who transition between smaller and larger sites throughout their careers.
Constitutional Concerns and Relief Sought
The petitioners seek a declaration that the exclusionary aspects of Section 2(6) are unconstitutional and violate Articles 14, 19(1)(g), and 21 of the Indian Constitution. They also request that directions be issued to allow the registration and continuation of benefits for all building workers, irrespective of the new exclusions. Senior Advocate Shyel Trehan represents the petitioners in this matter.
