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1983 Supreme(SC) 86

SUPREME COURT OF INDIA
P.N. BHAGWATI, R.S. PATHAK AND AMARENDRA NATH SEN, JJ.
Labourers Working on Salal Hydro-Project. Petitioner
Versus
State of J. and K. and others. Respondents.
Writ Petn. (Crl.) No. 1179 of 1982
Decided on 2-3-1983.
 
Advocates appeared
Mr. Govind Mukhoty, Advocate, for Petitioner; Mr, Altaf Ahmed, Mr. Girish Chandra and Miss A Subhashini, Advocates, for Respondents.

Advocates:
A.SUBASHINI, Altaf Ahmed, GIRISH CHANDRA, GOVIND MUKHOTY

Headnote:

Contract Labour (Regulation and Abolition) Act, 1970 - Sections 16 to 19 - Contract Labour (Regulation and Abolition) Act 1956 - Contract Labour (Regulation and Abolition) Act 1970 - Section 2 - Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Section 2, 12, 8, 13, 14 , 15 and 16 - Minimum Wages Act - Working on Salal Hydro Electric Project - Number of migrant workmen - Exploitation by contractors - Carried a news item that a large number of migrant workmen from different States including State of Orissa were working on Salal Hydro Electric Project in difficult conditions and they were denied benefits of various labour laws and were subjected to exploitation by contractors to whom different portions of work were entrusted by Central Government - Peoples Union for Democratic Rights thereupon addressed a letter to enclosing a copy of news report and requesting him to treat letter as a writ petition so that justice may be done to poor labourers working in Salal Hydro Electric Project - Court also directed Labour Commissioner, to visit site of Salal Hydro Electric Project and ascertain - Whether there are any bonded labourers employed on this project and if so, to furnish their names - Whether there are any migrant workers who have come from other States - What are conditions in which workers are living - Whether labour laws enacted for their benefit are being observed and implemented - Held, Central Government will promptly carry out these directions which are being given by Court and will make a report to this Court on or before setting out what steps it has taken for carrying out these directions and how far they have been implemented, It is only if officers of National Hydro Electric Power Corporation and Central Government are sensitive to misery and suffering of workmen arising from their deprivation and exploitation that they will be able to secure observance of labour laws and to improve life conditions of workmen employed in such construction projects - There is also one other matter to which Court attention has been drawn by Labour Commissioner (J. & K.) - He has pointed out in his final report that National Hydro Electric Power Corporation as also contractors and piece wagers or sub-contractors are paying to workmen employed by them wages - Result is that whereas a workman employed in construction industry in State of Jammu and Kashmir would be entitled to a minimum wage of Rs. 10/- per day a workman employed in Salal Project which is being carried out in State of Jammu and Kashmir would be getting only Rs. 9/- per day because it is a work which is being carried out by Central Government - Order accordingly.

JUDGMENT

BHAGWATI, J. :—The issue of Indian Express dated 26th August 1982 carried a news item that a large number of migrant workmen from different States including the State of Orissa were working on the Salal Hydro Electric Project in difficult conditions and they were denied the benefits of various labour laws and were subjected to exploitation by the contractors to whom different portions of the work were entrusted by the Central Government. The Peoples Union for Democratic Rights thereupon addressed a letter to Mr. Justice D. A. Desai enclosing a copy of the news report and requesting him to treat the letter as a writ petition so that justice may be done to the poor labourers working in the Salal Hydro Electric Project. The letter was placed before a Bench of this Court and it was treated as a writ petition and by an order dated 10th Sept., 1982 this Court directed that the Union of India, the State of Orissa, the Labour Commissioner Orissa at New Delhi, the State of Jammu and Kashmir and the Labour Commissioner (J. & K.) should be shown as respondents to the writ petition and issued notice to the Union of India the State of Orissa and the Assistant Labour Commissioner, Orissa at New Delhi to show cause against the writ petition. This Court also directed the Labour Commissioner, Jammu to visit the site of the Salal Hydro Electric Project and ascertain (i) whether there are any bonded labourers employed on this project and if so, to furnish their names; (ii) whether there are any migrant workers who have come from other States; (iii) what are the conditions in which the workers are living; and (iv) whether the labour laws enacted for their benefit are being observed and implemented. Pursuant to this order made by the Court, the Labour Commissioner Jammu visited the site of the Salal Hydro Electric Project and made an interim report on 11th October, 1982 and this was followed by a final report dated 15th Oct., 1982. The writ petition thereafter came up for hearing, on 3rd November, 1982 and on that date, the Court pointed out that the Secretary. Union of India, Ministry of Home Affairs, the State of Orissa, the Labour Commissioner Orissa at New Delhi, the State of Jammu and Kashmir and the Labour Commissioner (J & K) had already been impleaded as respondents Nos. 1 to 5 but since the reports made by the Labour Commissioner, Jammu disclosed that the Salal Hydro Electric Project was being carried out by the Government of India, the Court directed that the Union of India in the Labour Ministry as also the Chief Labour Commissioner (Central) may also be added as respondents Nos. 6 and 7 to the writ petition and that notice of the writ petition shall go immediately to them along with copies of the two reports. The Court also directed that the Union of India and the Chief Labour Commissioner (Central) should file their affidavit or affidavits within two weeks from the date of the order dealing with the various averments made in the two reports of the Labour Commissioner, Jammu and particularly the final report made by him, since the final report disclosed prima facie that there were certain violations of labour laws committed by the Central Government and the contractors. The Court also directed following its decision given on 18th September, 1982: (reported in AIR 1982 SC 1473) in Peoples Union for Democratic Rights v. Union of India that "the Union of India and the Chief Labour Commissioner (Central) shall ensure that hereafter minimum wage is paid directly by the Central Government or the contractors as the case may be, to the workmen employed by them without the intervention of any sub-contractors or jamadars or khatedars and without any deduction whatsoever except such as may be authorised statutorily. The reference to sub-contractors in this order will be confined only to those sub-contractors who have not been licenced under the Contract Labour (Regulation and Abolition) Act 1956 because if any such subcontractors have be












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