PIL before Delhi High Court challenges narrow definition of 'workers' under Social Security Code

The Delhi High Court on Wednesday issued notice to the Central government on a public interest litigation (PIL) petition challenging the definition of "building or other construction work" under Section 2(6) of the Code on Social Security, 2020 [NCC-CL & Anr. v. Union of India]

A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia asked the Union government to respond to the petition moved by National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) and the Nirman Mazdoor Panchayat Sangam.

The petitioners argued that the definition excludes workers engaged in construction work connected to factories and mines, residential construction, and projects employing fewer than ten workers.

Since such work constitutes the bulk of construction activity in the country, the exclusion of such workers would leave millions outside the social security net envisaged under the Code, it was contended.

It was pointed out that under the erstwhile Building and Other Construction Workers Act, 1996, all building workers were eligible for registration as beneficiaries irrespective of the size or nature of their worksite.

However, by folding the definition of "establishment" into the definition of "building or other construction work" itself, the Code brought into force on November 25, 2025 is said to have created exclusions that did not previously exist.

The petitioners argued that the Code disproportionately affects workers who move between small and large sites over the course of their careers.

Thus, they sought a declaration that the exclusionary portion of Section 2(6) is unconstitutional and violative of Articles 14, 19(1)(g) and 21.

The petitioner also contended that directions should be issued to permit registration and continuation of benefits for all building workers regardless of the new exclusions.

Senior Advocate Shyel Trehan appeared for the petitioners.