Disposed

Bhawan Avam Sannirman Kamgar Sangh v. State of Hp

Himachal Pradesh HC3 Aug 2022CMP/10593/2021

Case brief

AI extract

What is this about?

Petitioner filed compliance application responding to previous Court order. State attributed possession of three welfare buildings to NDRF, Health Dept for COVID, and claimed operationalization of one building. Court dispensed with further reports and disposed of application.

What did the court decide?

Application disposed; periodic reporting requirement dispensed with; liberty to approach Court preserved.

Bhawan Avam Sannirman Kamgar… — Constitutional and Fundamental Rights | Himachal Pradesh HC (2022)

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BASKS Vs. State of HP & Ors.

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CMP No. 10593/2021 in CWP No. 1962/2015

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3.8.2022 Present:Mr. K.B. Khajuria, Advocate, for the petitioner.

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Mr. Ashok Sharma, Advocate General with Mr. Rajinder Dogra, Sr. Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and M/s Bhupender Singh Thakur & Yudhvir Singh Thakur, Dy. Advocates General for respondents-State.

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CMP No. 10593/2021

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In compliance to the order passed by this Court on

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17.5.2022, the Chief Secretary to the Government of Himachal Pradesh has filed his personal affidavit and it shall be apt to

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reproduce Para-4 to 6 of the said affidavit.

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“xx xx xx 4. That, it is submitted that there are three buildings within the State of Himachal Pradesh, which have been constructed for welfare of the construction workers. The buildings are situated in the industrial areas of Nalagarh and Una. The details of the buildings are as under:-

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i) Workers Transit Hostel at Ghansot, Tehsil Nalagarh, District Solan, H.P.

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ii) Skill Development Training Institute at Palkwah, Tehsil Haroli, District Una, H.P.

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iii) Workers Transit Hotel at Dulehar, Tehsil Haroli, District Una, H.P.

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5. That, it is submitted that sincere efforts are being made to productively utilize these properties. The Himachal Pradesh Building & Other Construction Workers Welfare Board (HPBOCW) has put best efforts JAY! in informing construction workers through labour inspectors to avail the benefits of these buildings by organizing awareness camps and advertising through print and electronic media.

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6. That, it is submitted that the present status of these individual buildings is as under:

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i) Workers Transit Hostel at Ghansot, Tehsil Nalagarh, District Solan, H.P.

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Presently this building is in the possession of 14" NDRF Battalion and is being used for temporary stay of NDRF personnel. The Asstt. Commandant 14th Bn. NDRF (H.P.) vide letter dated 22.07.2022 to Sub-Divisional Magistrate Nalagarh, District Solan has stated "that the said Labour Hostel, Ghansot which has been taken in charge by NDRF on dated 12.08 2021 and presently one coy having 100 plus strength of 14" BN NDRF personnel are staying at Labour Transit Hostel Ghansot, Tehsil Nalagarh, District Solan alongwith rescue equipment/necessary items and as no other accommodation is available or provided by HP Government. The NDRF Coy still requires the aforesaid premises for the accommodation purpose". The copy of communication dated 22.07.2022 regarding Workers Transit Hostel at Ghansot, Tehsil Nalagarh is annexed as Annexure R-1.

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ii) Skill Development Training Institute at Palkwah, Tehsil Haroli, District Una, H.P.

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Presently this building is in the possession of Health Department, taken over on 04.05.2020 and is utilized as COVID Centre. The Secretary, H.P. BOCW had taken up the matter with Director Health Services to vacate the building vide letter dated 15.07.2022

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-2-

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annexed as Annexure R-2. The Health Department vide letter dated 20.07.2022 (annexed as Annexure R-3) has informed the Secretary, H.P. BOCW as under:

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"That one patient is admitted in make shift hospital Palkwah and a set up 101 beds alongwith accessories has been installed. It is pertinent to mention here that one oxygen plant of 500 LPM has also been installed under CRS programme by the Vidhya Foundation, Delhi. There is threat of fourth wave of COVID-19 and also this make shift hospital is being utilized. It is not feasible to vacate make shift hospital Palkwah in view of surge of COVID-19 cases".

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iii) Workers Transit Hostel at Dulehar, Tehsil Haroli, District Una, H.P.

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This building has now been taken over by the HP BOCW on 19.07.2022 and is in the possession of H.P. BOCW. Earlier it was in the possession of HPSIDC. In this regard, it is submitted that the BOCW will operationalize this transit hostel within 2 months and use this building for the registered workers of H.P. BOCW Welfare Board after consultation with stakeholder. It is proposed to provide the basic amenities for transit stay in the hostel for the construction workers. It is proposed to make stay arrangement with beds in the Hostel rooms on double occupancy basis in each room, for the workers. The board has deployed one Cook, one Chowkidar, one Part time Sweeper, one Mali and one Data Entry Operator for the functioning of the workers transit hostel. Necessary steps taken to operationalize the Transit Hostel for workers facility after due consultation with stake holder and after due publicity. The copy of possession letter dated 19.07.2022 is annexed as Annexure R-4.

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In view of the aforesaid affidavit, the requirement of filing quarterly reports in the Registry of this Court is dispensed with and the matter is closed. However, it is made clear that petitioner is at liberty to approach this Court again, if need so arises. Application stands disposed of.

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( Tarlok Singh Chauhan) Judge

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(Chander Bhusan Barowalia) Judge

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3^rd August, 2022 (Guleria)

Bhawan Avam Sannirman Kamgar Sangh v. State of Hp

Case brief

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Bhawan Avam Sannirman Kamgar Sangh v. State of Hp

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