The Madras High Court on Monday sought the response of the State government to a writ petition that alleged diversion of the welfare fund meant for construction labourers to Amma canteens in the guise of providing “free food” for registered construction labourers at those canteens.
Justice S.M. Subramaniam ordered notices to the Labour and Employment Department, Municipal Administration and Water Supply Department and Tamil Nadu Construction Workers Welfare Board (TNCWWB) on the petition filed by Pon Kumar, president of Tamizhaga Kattada Thozhilalargal Madhiya Sangam.
In an affidavit filed through his counsel Richard Wilson, the petitioner said the TNCWWB was constituted in 1994 in accordance with the provisions of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act of 1982 and a welfare fund created.
As per Section 8A of the Act, the builders were required to pay a cess of almost 1 per cent of the estimated cost of the building or the construction work for the welfare of the workers. This amount was transferred to the TNCWWB and over the years, ₹3,000 crore had been collected, the petitioner claimed.
The government began diverting the fund for various purposes and the latest diversion was towards serving “free food” to registered construction workers at Amma Canteens, he alleged. Despite being termed free, the money for the food was actually taken away from the welfare fund of the workers, he added.
Such diversion of welfare fund to the financially weak Amma Canteens might lead to bogus accounting procedures, the petitioner said and urged the court to declare as illegal a series of three government orders issued for getting the money reimbursed from TNCWWB on the actual cost of production of food.