Bengaluru, January 21, 2025 – The Karnataka High Court has quashed a state notification that had drastically reduced educational assistance provided to children of registered construction workers.
The court underscored that the State must uphold the constitutional rights of the underprivileged, ensuring they are not marginalized.
Single-judge Justice M. Nagaprasanna, delivering the order on January 10, stated that the reduction of assistance was unwarranted and detrimental to the welfare of poor children.
The notification issued by the Karnataka Building and Other Construction Welfare Board (KBCWB) on October 30, 2023, had slashed aid for undergraduate students from ₹30,000 to ₹10,000 and for postgraduate students from ₹35,000 to ₹11,000.
“Rights of the Poor Cannot Be Smothered”
Justice Nagaprasanna emphasized that the rights guaranteed by the Constitution are not reserved for elite citizens but extend equally to the impoverished.
“Educational assistance to poor children should only increase, not regress to levels that prevailed a decade ago,” the court observed, criticizing the State for “putting the clock back” to 2011.
The judgment came in response to a petition filed by two construction workers, their daughters, and the Karnataka State Building and Other Workers Federation Trade Union.
The petitioners argued that the Board was overspending on administrative expenses while cutting back on welfare schemes under the guise of financial constraints.
Allegations of Fund Mismanagement
The petitioners further alleged that KBCWB had collected over ₹6,700 crore as a welfare cess, yet much of this money was invested in fixed deposits, generating significant interest. Despite these earnings, the Board reduced aid, citing a lack of funds.
The High Court directed the Comptroller and Auditor General of India (CAG) to conduct a comprehensive audit of KBCWB’s funds to verify these claims.
“The financial constraints projected by the Board are preposterous,” the court said, pointing out that funds intended for construction workers were being diverted for “wasteful expenditure.”
Supreme Court Directives and Constitutional Principles
The High Court reiterated the Supreme Court’s stance on the strict implementation of benefits under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
It further noted that the preamble to the Constitution—“We the People”—includes all citizens, particularly the underprivileged.
“The rights of construction workers and their children cannot be railroaded in broad daylight by the State or the Board,” Justice Nagaprasanna asserted.
Bench Details and Representation
- Bench: Single-Judge Bench of Justice M. Nagaprasanna
- Petitioners: Amrutha, Manjegowda, Ankitha, Harish, and the Karnataka State Building and Other Workers Federation Trade Union
- Counsel for Petitioners: Advocates Aditya Chatterjee and Akshita Goyal
- Counsel for Karnataka Government: Advocate Prathima Honnapura
- Counsel for KBCWB: Senior Counsel M.R.C. Ravi and Advocate Prashanth B.R.