The Delhi HC Construction Workers PIL challenges the exclusion of several construction workers from statutory social security benefits. The Delhi High Court has now sought a response from the Union Government on the constitutional challenge.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued notice on the petition.
The case is NCC-CL & Anr. v. Union of India.
The petition challenges Section 2(6) of the Code on Social Security, 2020.
PIL Challenges Worker Coverage Thresholds
The petitioners argue that the provision creates unfair limits on construction worker protection.
Under the challenged framework, the law covers construction work only at certain establishments.
The petition highlights two key thresholds.
The worksite must have at least 10 workers.
Alternatively, the project must have a value exceeding ₹50 lakh.
The petitioners argue that these limits exclude a large number of informal construction workers.
Petitioners Compare New Code With BOCW Act
The National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) filed the petition with the Nirman Mazdoor Panchayat Sangam.
The petitioners challenged the changes introduced by the Code on Social Security.
The Code was notified on November 25, 2025.
According to the petitioners, the new framework reduces protections available under the earlier Building and Other Construction Workers (BOCW) Act, 1996.
The earlier law allowed construction workers to register for welfare schemes without similar project-size restrictions.
The petitioners argue that the new thresholds particularly affect workers at small construction sites.
Such sites form a significant part of construction activity across India.
Constitutional Rights Under Challenge
Senior Advocate Shyel Trehan appeared for the petitioners.
He argued that the disputed provisions violate several fundamental rights.
These include Article 14 of the Constitution.
The provision guarantees equality before the law.
The petitioners also rely on Article 19(1)(g).
This protects the right to practise a profession or carry on an occupation.
They further invoke Article 21.
The provision protects the right to life and dignity.
The petitioners argue that the law creates an arbitrary classification among construction workers.
They also contend that worker protections should not depend solely on the size of a worksite.
Petition Highlights Mobility of Construction Workers
The petitioners also raised concerns about the realities of informal employment.
Construction workers often move between different worksites during their careers.
They may work on large commercial projects at one stage.
Later, they may work on small residential construction sites.
Therefore, the petitioners argue that fixed thresholds create an impractical system.
They also contend that such thresholds can leave workers without continuous social security protection.
Petition Seeks Continued Welfare Benefits
The petitioners have asked the High Court to strike down the restrictive parts of Section 2(6).
They also seek directions to government authorities and welfare boards.
The proposed directions would ensure continuous registration for construction workers.
They would also protect the uninterrupted distribution of welfare benefits.
The petitioners want these protections to apply regardless of employer size or project value.
The Delhi HC Construction Workers PIL now requires the Union Government to respond to these constitutional challenges.
The Division Bench directed the Union of India to file its counter-affidavit before the next hearing.
The case could have significant implications for the social security rights of informal construction workers across India.
