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BAHARUL ISLAM, P.N.BHAGWATI
Peoples Union For Democratic Rights – Appellant
Versus
Union Of India – Respondent
What is the scope and enforceability of public interest litigation under Article 32 to ensure observance of labour laws by contractors in public projects? What are the obligations of the Union of India, the Delhi Administration, and the Delhi Development Authority as principal employers in enforcing labour laws (e.g., Contract Labour Regulation and Abolition Act, Inter-State Migrant Workmen Act, Minimum Wages Act, Equal Remuneration Act) against contractors? How does Article 23 (prohibition of traffic in human beings and forced labour) and Article 24 (prohibition of child labour) apply to construction work carried out by contractors, and can these rights be enforced through writ petitions against the state?
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JUDGMENT
BHAGWATI, J. :— This is a writ petition brought by way of public interest litigation in order to ensure observance of the provisions of various labour laws in relation to workmen employed in the construction work of various projects connected with the Asian Games. The matter was brought to the attention of the Court by the first petitioner which is an organisation formed for the purpose of protecting democratic, rights by means of a letter addressed to one of us (Bhagwati J.). The letter was based on a report made by a team of three social scientists who were commissioned by the first petitioner for the purpose of investigating and inquiring into the conditions under which the workmen engaged in the various Asiad Projects were working. Since the letter addressed by Ist petitioner was based on the report made by three social scientists after personal investigation and study, it was treated as a writ petition on the judicial side and notice was issued upon it inter alia to the Union of India, Delhi Development Authority and Delhi Administration which were arrayed as respondents to the writ petition. These respondents filed their respective affidavits in reply to the allegati
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