SUPREME COURT OF INDIA
RANGANATH MISRA AND M.N. VENKATACHALIAH, JJ.
P. Sivaswamy, Petitioner
Versus
State of A.P., Respondent.
Writ Petn. (Criminal) Nos. 1574 of 1982 (with 1573 of 1187 of 1982 and 54 of 1983), D/- 10-8-1988.
Provisions of Mines Act, 1952 – Minimum Wages Act, 1948 – Spokesman of the Great War Ex-Services Organisation at Tirukkoyilur in South Arcot District of Tamil Nadu alleging prevalence of bonded labour in stone quarries in several districts of Andhra Pradesh and other areas was registered as writ petition other three applications are similar matters – Court propose to confine reference to the first case as, through interlocutory orders – whatever relief was necessary had been given in these matters – Writ petition is adjourned for three weeks – Meanwhile District Magistrate, Hyderabad and a representative of AWARE will jointly and together visit the site referred to in the writ petition of the petitioner and make a report to this court in regard to the various averments made in the writ petition – report shall be made by the District Magistrate, Hyderabad and the representative of the AWARE within two weeks from today –Held, Once notice was issued to them there should have been immediate response and the obligations cast under the Statute should have been readily discharged – States should have indicated their regrets to the Court that at their level they had failed to satisfy the requirements of the law and this Courts interference has become necessary – This only shows how unsatisfactory the situation is – Where the man below the poverty line is a citizen entitled to all the benefits and protections so eloquently put into the Constitution are 38 years not sufficient to generate the appropriate consciousness? – Before we part with the case we must again indicate that there has been no satisfactory compliance in regard to rehabilitation by the State of Karnataka – They are given two months extended time from today to file an affidavit before this Court that there has been total compliance regarding rehabilitation in respect of those persons who came to Karnataka and when that affidavit is filed, the matter should be placed before us for a further direction by way of a Civil Miscellaneous proceeding – That matter should be listed before this Court – Court can only at this stage administer the warning that the matter shall be very strictly viewed in the event of continued failure – Order accordingly.
Judgment
RANGANATH MISRA, J.:- A letter written by the Secretary/ Spokesman of the Great War Ex-Services Organisation at Tirukkoyilur in South Arcot District of Tamil Nadu alleging prevalence of bonded labour in stone quarries in several districts of Andhra Pradesh and other areas was registered as writ petition No. 1574 of 1982. The other three applications are similar matters. We propose to confine reference to the first case as, through interlocutory orders. whatever relief was necessary had been given in these matters.
2. On 25th of January, 1983, this Court made the following order:-
"Writ petition is adjourned for three weeks. Meanwhile District Magistrate, Hyderabad and a representative of AWARE will jointly and together visit the site referred to in the writ petition of the petitioner and make a report to this court in regard to the various averments made in the writ petition. The report shall be made by the District Magistrate, Hyderabad and the representative of the AWARE within two weeks from today .....................".
On 19th of August. 1983, this Court again directed :-
"The writ petition is adjourned to 28-9-83. Meanwhile the respondent State of Andhra Pradesh will file an affidavit setting out in detail facts and figures showing how many bonded labourers have been identified and released in the different districts of the State since 1-1-83 and whether they have been rehabilitated and if so. in what manner and whether there is any follow up action. If there are any freed bonded labourers who have not yet been rehabilitated, the respondent State of Andhra Pradesh will set out in its affidavit whether any steps have been taken for keeping track of them after their release and what measures it proposes to adopt in the immediate future for their rehabilitation. We are informed that Vigilance Committees have been constituted in some of the districts of the State. We would, therefore, direct that Vigilance Committees shall be set up at a very early date in all the districts and subdivisions of the State and in these Vigilance Committees, social activists shall be included as members on the basis of their record of social commitment because it is now recognised on all hands that it is only through the active involvement of voluntary agencies and social action groups that the problem of identification of bonded labour can be solved. We would also direct that in every Vigilance Committee constituted or to be constituted, a representative of AWARE if available, shall be included as a member in order to ensure vigorous and effective implementation of the programme of identification and rehabilitation of bonded labour.
We would also like the District Judge, Krishna District to visit the stone quarries at Kailaspuram and inquire whether there are still any workmen working in the stone quarries against their will and whether the advances made to the workmen are written off as promised by the contractors and whether they are paying to the workmen higher wages ranging from Rs. 56/- to Rs. 75/-per unit without any deductions ...........".
Soon after the report of the District Judge was received, this Court made another order on 20th of Oct. 1983, where it was stated inter alia :-
"The second direction relates to the observance of the various labour laws in stone quarries in Kailaspuram in Krishna District. The State Government has made various suggestions in the affidavit of Shri K. Parthsarathy for the purpose of ensuring observance of the labour laws for the benefit of the workers engaged in the stone quarries and has also put forward a few other suggestions with a view to improve the living conditions of the workmen. We hope and trust that the State Government will, without any undue delay, proceed to carry out these suggestions and shall not wait for any directions to be given by this Court in that behalf. It appears from the report of the District Judge that it is extremely doubtful whether the labour laws are being enforced pro
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