Back
2004 Supreme(Mad) 1326
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE A.K. RAJAN
A.Shanmugham - Appellant
Versus
Government of Tamil Nadu & Another - Respondents
WRIT PETITION NO.16267 OF 1997
Decided On : 18 October 2004
The judgment establishes the interpretation of bonded labour under the Bonded Labour Abolition Act 1976 and emphasizes the importance of factual evidence in determining the existence of bonded labour.
Headnote:
Bonded Labourers - Writ Petition - Bonded Labour Abolition Act 1976 - Sec.2(g)
Fact of the Case:
The petitioner filed a writ petition seeking the release of over 450 bonded labourers, alleging inhumane treatment and captive confinement by handloom factory owners. The court directed an enquiry, which revealed that the workers were not bonded labourers but were engaged in a customary practice of obtaining advance wages.
Finding of the Court:
The court found that the workers were not subjected to bonded labour as defined under the Bonded Labour Abolition Act 1976. The court concluded that the petitioner's intention was to avoid repayment of advance wages, and the petition was dismissed with exemplary costs.
Issues: The main issue was whether the workers were subjected to bonded labour as alleged by the petitioner.
Ratio Decidendi: The court relied on the definition of bonded labour under Sec.2(g) of the Bonded Labour Abolition Act 1976 and the findings of the enquiry to determine that the workers were not bonded labourers.
Final Decision: The petition was dismissed with costs of Rs.5,000, and the petitioner was directed to pay the costs to the State Legal Aid Authority.
This Writ Petition has been filed for writ of Mandamus directing the respondents to release more than 450 "Bonded Labourers", being the Weavers, under the Captive Confinement and detention of Handloom Factory Owners in and around Kaikolapalayam, Vijayamangalam, Perunthurai, Erode within the Periyar District.
2. This petition has been filed by one person by name A.Shanmugam. From the affidavit filed in support of his petition, it is seen that he is one of such Weavers. There are around 500 families by the hereditary profession; they have no sources of income excepting the daily wages earned by doing weaving work. The family consisting of parents, children and others are engaged as daily waged coolies. They are living below the poverty line. Even the children are not having proper food, cloth and education and they are sent to assist the weavers. The community of weavers are all depending upon their employment, which are provided by the local Handloom owners. The Handloom owners have joined together in and around the Village stated above and they are dictating the daily wages to the Weavers. The weavers including of men, women and children - both male and female, numbering around 450 are employed on daily wages under the following 17 owners:-
1. Muthusamy: Power Loom Factory, Anna Nagar, Kaikolapalayam Post, Periyar District.
2. K.S.Nallasamy: Rajalakshmi Tex, Kaikolapalayam Post, Perunthurai Talik, Periyar District.
3. K.P.Poopathy: Kalaimagal Tex and Anitha Tex, Kaikolapalayam, Perunthurai Taluk, Periyar District.
4. K.S.Arumugham: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
5. K.S.Nataraj: Kalpana Tex, Kaikolapalayam, Perunthurai Taluk, Periyar District.
6. R.Palanisamy: Muthusamy Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Erode.
7. P.Mani alias: Kaikolapalayam, Perunthurai Taluk, Spare-parts Mani : Periyar District.
8. K.S.Palanisamy: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
9. K.S.Duraisamy: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
10. K.T.Paramasivam: Powerloom factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
11. K.Paramasivam: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
12. K.T.Arumugham: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
13. Murugan: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
14. K.G.Ravi: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
15. Mahendran: Powerloom Factory, Pavadikattu Thottam, Kaikolapalayam, Perunthurai Taluk, Periyar District.
16. Allimuthu: Powerloom Factory, Kaikolapalayam, Perunthurai Taluk, Periyar District.
17. Selvam: Saravan Tex, Teachers Colony, Surampatti, Erode, Periyar District.
3. The said Handloom owners and other owners are having 20 to 50 people for their employment on daily work basis. The said Owners are holding their weaver workers as Bonded Labourers. The weavers are treated inhumanly and tortured and over-burdened and treated in worst condition during their employment. They are not permitted to even go out of their factory campus and they are made to work 18 to 22 hours per day without rest. Even when they are sick, they are compelled to work, failing which with the help of the rowdies, they go to the respective houses and bring them in lorries and severely scold and threaten them that their children will be beaten. If the male Bonded Labourers come for the rescue of the female Bonded Labourers, the factory owners used to beat the male labourers. In some cases, the factory owners have also given money as advance to the male, female and children, who are compelled to work as Bonded Labourers. The Bonded Labourers are paid daily wages and they are very low in respect of production, turn-over and hours of employment. The male Bonded Labourers is paid Rs.1.60 per one metre, female Bonded Labourers is paid 70 paise per one thiri and minors are paid Rs.25/- per week. Th
