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

The Delhi High Court has issued notice to the Central government on a public interest litigation (PIL) challenging the definition of 'workers' under the Social Security Code. The petitioners, National Campaign Committee for Central Legislation on Construction Labour and Nirman Mazdoor Panchayat Sangam, argue that the current definition excludes millions of workers engaged in construction activities connected to factories and mines, residential construction, and projects employing fewer than ten workers. This exclusion would leave these workers outside the social security net envisaged under the Code.

The Delhi High Court has issued notice to the Central government on a public interest litigation (PIL) challenging the definition of 'workers' under the Social Security Code. The PIL, moved by National Campaign Committee for Central Legislation on Construction Labour and Nirman Mazdoor Panchayat Sangam, seeks to address the exclusion of workers engaged in construction activities connected to factories and mines, residential construction, and projects employing fewer than ten workers from the social security net. This development is significant as it highlights the need for a re-examination of the definition of 'workers' under the Code.

The Social Security Code, which came into force on November 25, 2025, aims to provide social security benefits to workers in various sectors. However, the petitioners argue that the current definition of 'building or other construction work' under Section 2(6) of the Code excludes millions of workers who are not covered by the erstwhile Building and Other Construction Workers Act, 1996. The petitioners contend that this exclusion is disproportionate and would leave many workers outside the social security net.

The PIL highlights the need for a re-examination of the definition of 'workers' under the Social Security Code. The current definition appears to have created exclusions that did not previously exist, as pointed out by the petitioners. This development raises questions about the effectiveness of the Code in providing social security benefits to all workers. It also highlights the need for a more nuanced approach to defining 'workers' and ensuring that all workers are covered under the Code.

The Delhi High Court's issuance of notice to the Central government on this PIL is a significant development that highlights the need for a re-examination of the definition of 'workers' under the Social Security Code. Practitioners should closely watch this matter as it may have implications for the interpretation and application of the Code in future cases.