SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1983 Supreme(SC) 445

SUPREME COURT OF INDIA
P.N. Bhagwati, R.S. Pathak and A.N. Sen, JJ.
Bandhua Mukti Morcha Through Chairman, Swami Agnivesh - Petitioner
Versus
State of Haryana & Ors. - Respondents
Writ Petition No. 7139 of 1982.
Decided On : 9-5-1983

Headnote:

Writ Petition - Petition could not reach hearing until the closure of the Court for the summer vacation - When this writ petition was argued before us at an interlocutory stage, a fervent plea was made to us on behalf of the petitioner that certain interim directions should be given by its for protection of the labourers working - Held, Committee for Implementing Legal Aid Schemes will deposit a sum in court within two weeks from today for meeting the out of pocket expenses which may have to be incurred in carrying out the assignment entrusted to him - Ordered accordingly.

ORDER :

1. When this writ petition was argued before us at an interlocutory stage some time in the middle of October, 1982, a fervent plea was made to us on behalf of the petitioner that certain interim directions should be given by its for protection of the labourers working in the Kapoori and iMtandola mines in Faridabad district. There was undoubtedly justification in this plea put forward on behalf of the petitioner and w:, would have ordinarily acceded to it but it then seemed that the writ petition would come up for final hearing within a short time and whatever directions were necessary could be given at that time while finally disposing of the writ petition and hence we did not think it necessary to issue any interim directions. But, unfortunately, on account of heavy work-load of the Court, the writ petition could not reach hearing until the closure of the Court for the summer vacation and that is why we are now compelled to give interim directions which would afford protection to the helpless and despairing labourers who seem to be eternally consigned to a life of serfdom and slavery on account of their poverty and destitution and who are living and working in attrociously inhuman conditions. They need to be freed from their bondage without any delay and apart from the statutory obligation which rests on the State Government to rehabilitate them-an obligation which is stoutly resisted on behalf of State of Haryana-the Directive Principles of State Policy also enjoin that they should be rehabilitated and human dignity restored to them.

2. On 14th September 1982 this writ petition came up for hearing before us and on that day after hearing the parties we made an order directing that notice should issue inter cilia to the State of Haryana and the Deputy Commissioner, Bhivani and in the meantime we appointed Shri Jose Verghese and Shri Ghanshyam Pardesi as Commissioners to visit the Pitchopa Mines, Shishwala mines-Tiwala mines, Bilawal mines and Atela mines to which reference was made in the letter of the petitioner as also other stone quarries situate in that area in Bhivani district and to ascertain whether there are any bonded labourers working in these mines and stone quarries and what are the conditions in which they are working and to make a report to us stating the result of their inquiry. Since release of bonded labourers is an important item in the legal service programme which is being organised by the Committee for Implementing Legal Aid Schemes, we directed the Committee for Implementing Legal Aid Schemes to deposit a sum of Rs. 1000/- in court within one week for meeting the cost of the Commissioners. We are informed that the Committee for Implementing Legal Aid Schemes has already deposited a sum of Rs. 1000/- in Court as directed by us. We also directed that the Deputy Commissioner Bhivani and other officers in Bhivani District shall afford full co-operation and assistance to the Commissioners in carrying out the task entrusted to them. Pursuant to this Order made by us the Commission- ers visted the Pitchopa mines, Bilawal mines and the Siswala-Tiwala mines complex and carried out socio legal survey in regard to the workmen working in these mines and stone quarries and male an interim report to us on 29th September 1982. It is not necessary at the present stage to refer to this interim report made by the Commissioners beyond stating that with the help of the District Authorities and the Police Force the Commissioners brought to a transit camp set up by the District Authorities 40 workmen who were working in the Pitchopa mines and 140 workmen employed in Siswala-Tiwala mines complex. We do not wish to express any opinion at the present moment on whether these 180 workmen brought to the transit camp were bonded labourers or not because that is an allegation which is seriously disputed on behalf of the State of Haryana. This interim report was followed by a final report submitted by the Commissioners on 5th O

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top