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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 08TH DAY OF APRIL, 2026
BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.104709 OF 2022 (GM-RES)
BETWEEN:
1 . SHRI SAIDAM
S/O SHRI NAGARIYA DABTIKHALYA FLYA
AGED ABOUT 42 YEARS
RESIDENT OF GRAM KANDRA VAN
POST LIMBI, TAHSIL PATI
JAIE, PATI, BARWANI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
2 . SHRI JITARAM
S/O SHRI BHUYLA
AGED ABOUT 23 YEARS
RESIDENT OF NO.24
BABTIKHIYA FLYA WARD NO.10
VILLAGE KANDRA, POST LIMBI
TAHSIL PATI LIMBI, DISTRICT BARWANI
MADHYA PRADESH – 451 551.
3 . SHRI ISHWAR
S/O TERSHINGH MANKAR
AGED ABOUT 23 YEARS
RESIDENT OF MAKAN, N/14
VILLAGE UBADAGARH POST, BOKRATA
TEH PATI, DISTRICT BARWANI
MADHYA PRADESH – 451 551.
4 . SHRI NANURAM MANKAR
S/O SHRI TERSING MANKAR
AGED ABOUT 20 YEARS
RESIDENT OF MAKAN N/14
VILLAGE UBADAGARH
POST BOKRATA, TEH PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
5 . SHRI DHEBA
S/O SHRI CHHATARSING BABAKHIYA FLYA
AGED ABOUT 41 YEARS
RESIDENT OF VILLAGE KANDRA
POST LIMBI, TAHSIL PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
6 . SMT. DEMA ABOK
D/O SHRI ABALYA BOKO
AGED ABOUT 26 YEARS
RESIDENT OF TEH/PATI
MAKAN N/058 MAIN ROAD
KEPAS WARD 16, SHIVAI, BOKRATA
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
7 . SMT. SAYA BAI
W/O SHRI SAIDAM
AGED ABOUT 38 YEARS
RESIDENT OF BABTIKHALYA FLYA
VILLAGE KANDRA
POST LIMBI, TEHSIL PATI, JAIE PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
8 . SMT. RINGU
W/O SHRI ISVAR
AGED ABOUT 21 YEARS
RESIDENT OF NO.14
VILLAGE UBADAGARH, FALYA
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
9 . SMT. SUNITA
W/O SHRI JITARAM
AGED ABOUT 20 YEARS
BAMDEVI FLAYA VILLAGE KANDRA
KOONDRA SERVED
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
10 . SMT. LADKI
W/O SHRI NANURAM
AGED ABOUT 19 YEARS
RESIDENT OF WARD NO.2
VILLAGE UBADAGARH
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
11 . SMT. RAMTI BAI
W/O SHRI DHEBA
BABTIKHLYA FLYA
AGED ABOUT 35 YEARS
RESIDENT OF VILLAGE KANDRA
POST LIMBI, TAHSIL PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
12 . ILU D/O BHUYALA
AGED ABOUT 13 YEARS
REPRESENTED BY HER FATHER
SHRI BHUYALA S/O SHRI NAGARIYA
AGED ABOUT 45 YEARS
RESIDENT OF 24 BABTIKHLYA FLYA
VILLAGE KANDRA, POST LIMBI, LIMBI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
13 . INDAS D/O KASHIRAM
AGED ABOUT 16 YEARS
REPRESENTED BY HER FATHER
SHRI KASHIRAM S/O SHRI NAGARIYA
AGED ABOUT 43 YEARS
RESIDENT OF BABTIKHLYA FLYA
VILLAGE KANDRA, POST LIMBI PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
14 . NIMU D/O KASHIRAM
AGED ABOUT 14 YEARS
REPRESENTED BY HER FATHER
SHRI KASHIRAM S/O SHRI NAGARIYA
RESIDENT OF VILLAGE KANDRA
POST LIMBI, JAIE
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
15 . ISAL D/O SAIDAM
AGED ABOUT 16 YEARS
REPRESENTED BY HER MOTHER
SMT. SAYYA BAI
W/O SHRI SAIDAM
AGED ABOUT 43 YEARS
RESIDENT OF BABTIKHLYA FLYA
VILLAGE KANDRA VAN
POST LIMBI, TAHSIL PATIL JAIE PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
16 . RINU D/O SAIDAM
AGED ABOUT 14 YEARS
REPRESENTED BY HER MOTHER
SMT. SAYYA BAI
W/O SHRI SAIDAM
AGED ABOUT 38 YEARS
RESIDENT OF BABTIKHALYA FLYA
VILLAGE KANDRA, POST LIMBI
TAHSIL PATI, JAIE PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
17 . SAWAN S/O BHOYLA
AGED ABOUT 15 YEARS
REPRESENTED BY HER FATHER
SHRI BYOLA S/O SHRI NAGARIYA
AGED ABOUT 45 YEARS
RESIDENT OF BABTIKHALYA FLYA
VILLAGE KANDRA, POST LIMBI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
18 . HINGA D/O DANGU
AGED ABOUT 14 YEARS
REPRESENTED BY HER FATHER
SHRI DANGU S/O SHRI KHUSHAL
AGED ABOUT 40 YEARS
RESIDENT OF UKLA FLYA
VILLAGE UBADAGAD
POST BOKRATA PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
19 . BANU D/O GAREEB
AGED ABOUT 15 YEARS
REPRESENTED BY HER FATHER
SHRI GAREEB C/O SHRI LALASING
AGED ABOUT 44 YEARS
RESIDENT OF MAKAN NO.42 WARD NO.4
VILLAGE UBADAGARH, TAH PATI
DISTRICT BARWANI
MADHYA PRADESH – 451 551.
20 . RIYANI D/O HARIB @ HARI
AGED ABOUT 16 YEARS
REPRESENTED BY HER FATHER
SHRI HARIB @ HARI
S/O SHRI LALASING
AGED ABOUT 39 YEARS
R/O UKLA FLYA, VILLAGE UBADAGARH
POST BOKRATA, TEHSIL PATI
UBADAGARH, DISTRICT BARWANI
MADHYA PRADESH – 451 551.
... PETITIONERS
(BY SRI CLIFTON D.ROZARIO, ADVOCATE FOR SRI D.M.MALLI, ADVOCATE)
AND:
1 . STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU – 560 001.
2 . STATE OF KARNATAKA
REPRESENTED BY ITS DISTRICT MAGISTRATE
BELAGAVI DISTRICT, BELAGAVI.
3 . STATE OF KARNATAKA
REPRESENTED BY THE TAHSILDAR
NIPANI TALUK, BELAGAVI DISTRICT.
4 . SHREE HALASIDHANATH SAHAKARI
SAKHAR KARKHANA LIMITED
SHANKARANAND NAGAR
TALUKA CHIKODI, NIPANI
BELGAUM – 591 237.
5 . SHIVAJI MARUTHI JADHAV
GHARSAWLI BEED
MAHARASTRA – 431 122.
6 . ASHOK VAIJANATH SHINDE
MANYARWADI, PIMPALNER
WADWANI, BEED
MAHARASHTRA – 431 122.
7 . BHAGIRAM (KALUBAI)
S/O HAMA BAGDARI
PANCHAYAT DHAWDA
DHAWALI, BARWANI
MADYA PARADESH – 451 665.
8 . CHANDRAKANT GINYADER VANI
NIRMALWADI, P.O.DOOLA (BU)
NIRMALWADI BEED
MAHARASHTRA – 431 122.
... RESPONDENTS
(BY SRI T.HANUMAREDDY, AGA FOR R1 TO R3;
SRI PRAVEEN TARIKAR, ADVOCATE FOR R4;
R5 NOTICE HELD SUFFICIENT,
R6 TO R8 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER OF THE DISTRICT MAGISTRATE, BELAGAVI, DATED 05.02.2022 BEARING NO.DC/BONDED LABOUR/CR-04/2021-22 (PLACED AS ANNEXURE A).
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioners are before this Court calling in question an order dated 05-02-2022 passed by the District Magistrate, Belagavi rejecting the claim of the petitioners for their rehabilitation in terms of the Central Sector Scheme for Rehabilitation of Bonded Labourer, 2016 (hereinafter referred to as ‘the Scheme’ for short).
2. Heard Sri Clifton D. Rozario, learned counsel appearing for the petitioners, Sri T.Hanumareddy, learned Additional Government Advocate appearing for respondents 1 to 3 and Sri Praveen Tarikar, learned counsel appearing for respondent No.4.
3. Facts, in brief, germane are as follows: -
3.1. The petitioners claim to be adivasis from the State of Madhya Pradesh. They were brought to Belagavi District and made to work in conditions of bonded labour to harvest and load sugarcane. The Petitioners 1 to 20 were made to work in Nippani Taluk, out of whom petitioners 11 to 20 were made to work in conditions of child labour. All the petitioners claim that they are part of the same extended joint family who belong to various villages in Barwani District of Madhya Pradesh. Petitioners 1 to 20 were approached by respondents Nos.6 and 7, labour contractors in their village at Madhya Pradesh. Each one of them was offered advance of ₹20,000/- to come and work for harvesting and loading sugarcane for the 4th respondent. The advance paid by respondent No.6 was in the presence of the 7th respondent. The petitioners were assured that they would return in three months when their debt cleared and with more earnings to their families. The petitioners were not indicated rates of wages and details of repayment. The petitioners come to the shores of the State to work in the fields as indicated hereinabove.
3.2. It is the averment in the petition that they were made to live in a tarpaulin shacks around the fields that they harvested. The group would harvest sugarcane each day for half to one acre of land from 7 a.m. to 6 p.m. The petitioners, during the said period, were not paid a single rupee by the contractors. What they received was a small sum of ₹500 or ₹600 for the entire group of 20 petitioners. It is the further averment in the petition that after working for about 2 to 2 ½ months without a single holiday, the petitioners contacted 7th respondent to enquire about their salary and the amount due to them. The petitioners were taken by surprise when they were told that out of ₹4/- lakhs advance given to all of them, only half had been cleared and the workers were still under debt of ₹2/- lakhs.
3.3. The petitioners approached a social activist from Jagrit Adivasi Dalit Sanghatan who submitted a representation to the Deputy Labour Commissioner, Belagavi District and the Superintendent of Police detailing the facts as they stood and sought immediate rescue of the petitioners who were forced to work as bonded labourers and also highlighted the violations of the Bonded Labour System (Abolition) Act, 1976 (‘Act’ for short) and several other enactments. Later a local NGO in Belagavi also submitted representations to the District Magistrate seeking rescue and rehabilitation of the petitioners and prosecution of the perpetrators. A spot inspection was carried out on the said representations on 21-01-2022. The Tahsildar, Nipani conducts an inspection with the members of the Labour Department and Panchayat authorities and opines in his report that there was no bonded labour, no child labour and no violation of law. Notwithstanding the said report of the Tahsildar, a representation was also submitted detailing the factual situation and seeking rehabilitation of the petitioners in accordance with law. The representations go unheeded.
3.4. A complaint was also registered with the Deputy Labour Commissioner for non-payment of minimum wages and due wages to the petitioners. This also goes unheeded and the 4th representation comes to be submitted to the District Magistrate, Belagavi and
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