VidhiSangh

Supreme Court of India · 17/03/2020

THE JOINT LABOUR COMMISSIONER AND REGISTERING OFFICER & ANR. versus KESAR LAL

[2020] 5 S.C.R. 176 · 2020 INSC 304

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Summary

The Supreme Court held that a registered construction-worker beneficiary making statutory contributions could invoke consumer remedies for deficiency in welfare-board services. The services were not gratuitous merely because contributions were small and the schemes were mainly financed by cess. Performing a statutory welfare function did not itself confer sovereign immunity. The Court upheld the marriage-assistance award, compensation and expenses with interest as reduced by the National Commission.

Issues

  1. Whether a contributing beneficiary of the construction-workers welfare scheme was a consumer.
  2. Whether cess financing and the small contribution made the Board’s services free or excluded consumer jurisdiction.

Provisions considered

Held

Result

Appeal dismissed with no costs; award of Rs 51,000 assistance, Rs 10,000 compensation and Rs 5,000 expenses, with interest reduced to 9% per annum by the National Commission, upheld.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 176.