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Synopsis

The Supreme Court of India today directed all states to pay subsistence allowance to the workers affected by Graded Response Action Plan (GRAP) IV measures in Delhi NCR.

"There are more than one orders passed by this court directing all states and NCR region to pay subsistence allowance to all workers who are affected by GRAP 4. We direct all the states to ascertain which are the workers who are affected by GRAP 4. While doing so they should not rely upon the technicality of registration on the portal", Justice Oka led bench said.

The Bench, also comprising Justice Augustine George Masih, warned that if states fail to comply with the order to provide subsistence allowance to affected workers, they will face action under the Contempt of Courts Act, 1971.

On December 5, the Supreme Court had pulled up the Chief Secretary of Delhi over non-compliance with court orders. It had expressed displeasure with the Chief Secretaries of NCR states for failing to pay construction workers affected by GRAP IV measures in Delhi NCR.

"Firstly, we deal with the issue of subsistence allowance to construction workers. The Chief Secretary of the Delhi government states that a sum of Rs 2000 each has been paid, and the remaining amount of Rs 6000 will be paid immediately. However, the state has made no efforts to inform other workers that they are entitled to receive the subsistence amount if they register on the portal. From the Chief Secretary's statement, it appears to us that the Delhi government didn't even think there might be more workers", the bench led by Justice Oka said.

The court had accordingly directed the Delhi government to convene a meeting with the union of construction workers and appeal to them to instruct the eligible workers to get registered on the portal.

Top court's bench, also comprising Justice Augustine George Masih, noted that the Rajasthan government had paid Rs 76 lakhs to 2,063 identified workers out of 3,526 workers. It was also noted that Haryana had paid Rs 423.14 per day to 1.06 lakh workers and that the state of UP had paid 8,000 workers.

As the Chief Secretary of Delhi, appearing online, asked the bench for 10 more days, the bench expressed displeasure over the fact that the state of Delhi had failed to comply with the order. It said, "Why? When will you pay? We will issue a contempt notice against you."

Earlier, Supreme Court had summoned the Chief Secretaries of NCR states for not complying with the court's previous order regarding the payment of subsistence allowances to construction workers.

We make it clear that unless substantial compliance with actual payment of amounts to the construction workers is reported we will have to consider initiating action against the contempt of courts act against erring officers", it added.