BANDHUA MUKTI MORCHA v. UNION OF INDIA AND ORS

Citation: [1991] 3 S.C.R. 524

Court: Supreme Court of India

Bench: RANGANATH MISRA, M.M. PUNCHHI, S.C. AGRAWAL

Case summary

The quarrying process involves substantial manual labour and the need of continuous availability of labour at cheap rate has led to the growth of the system of bonded labour in that trade....

Judgment text

BANDHUA MUKTI MORCHA v. UNION OF INDIA AND ORS. AUGUST 13, 1991 [RANGANATH MISRA, CJ, M. M. PUNCHHI AND S. C. AGRAWAL, JJ. ] Bonded Labour system-Creation, operation and effect of. Constitution of India, 1950-# the Committee is all inclusive of the above identified categories... In this setting it would perhaps be appropriate to proceed on the footing that the total number of identified bonded labour is around 2000 and not 3993 as stated by the petitioner. It may be that some of the people whose name appear in the list furnished by Swami Agnivesh are no more in the area. It may also be that people who had left their work even by then had been included in that list. The picture placed by the Committee in regard to wages does not give one different from what had been recorded by this Court when the original case was disposed of in 1982. It may be that the labourers have become more informed and educated about their rights. They have, however, no organised base.

They are the weaker party and once they are in the trap of bondage the capacity to negotiate is gone. That is how, expl. oitation thrives notwithstanding the intervention of this Court. The facility of schooling and medical treatment, availability of water, provisions and scope for recreation are aspects which still require attention. The Committee has reported: "Inspite of order dated 17th October, 1990 of the Chief Labour Commissioner under section 25(2)(v)(b) of the Contract Labour (Regulation and Abolition) Central Rules, 1971 in respect of stone breaker who is a piece rated worker working in the stone mines in the Faridabad area, fixing the piece rated wage at the rate of Rs. 133 per 200 cft. stone, there is no implementation thereof.

" At another place the Committee has said that though this Court in the main judgment had indicated that untrained workers should not be engaged in the olasting operation with explosives the practice seems to be still continuing and the law as also the direction of this Court J were being violated by the contractors. The Committee, therefore, has recommended that the principal employer should be made liable for implementation of the directions both:of law and the court. The contractors working under the Haryana Minerals Ltd. were mostly unregi~tered and unlicensed. The Committee has noted that the entire area of operation has a dust cover in the atmosphere which is hazardous to the workmen's health. No attention has been bestowed by the inspecting authority or the labour law enforcers to secure improved conditions of working.

There has been division of opinion as to whether it is the responsibility of the State Government or the employer in regard to providing educational facility to the children of the quarry workers. We have not been able to see any reason for the difference. Quarries are located in a particular area away from habitation. On account of necessity for workmen in the area people from different parts of the country are made to live therein along with their families under very insanitary and inconvenient conditions. Health care of workmen and members of their families and education of the children as also the adults in such exclusive locality should be of the employer. To require a school to be built in such an area where there mar not be adequate number of children for the purpose of schooling at the expense of the State exche- BANDHUA MUKTl MORCHA '- U. 0. 1. 545 ' quer may not be appropriate. That apart these institutions should be a part of the trade. In the.

manner the employer has to make provision fo. r water and medical care, it should also have the responsibility of providing schooling for the children of the workmen. Today emphasis is also being given on adult education. If appropriate facility is provided the workmen beyond their working hours can also have scope for learning the three Rs and this could be through a process of adult education with State support. under the relevant scheme" The State of Haryana must come forward to play its role in a better way. As already pointed out these are quarries located nearabout the industrial belt of Haryana and not far away from Delhi. Ecology is not only a local problem but must be taken to be a problem of Delhi also. Dust emanating from the working area in Haryana is bound to affect adversely the Delhi atmosphere. In fact, if adequate importance is given to the angle of pollution the industry itself has to be regulated or may have to be stopped..

The State of Haryana, we must say, has not taken our intervention in the proper spirit and has failed to execcise appropriate control though some eight years back this Court had in clear terms laid down the guidelines and had called upon the public authority to take charge of the situation and provide adequate safeguards. The operation of stone quarries is more or less concentrated in particular areas. That is a feature which facilitates control. If a local officer of appropriate status had been place<! around the corner it would have helped in improving the lot of the workmen. If the pollution authority had been made to visit the area at repeated intervals pollution control could have been imposed. If some authority entrusted with welfare had been made to inspect this area at regular intervals he could have ensured availability of facilities for schooling and hospital as also supply of drinking water to the workmen.

It is a hot helt and for mer 4 to 5 months water scarcity is there in this area. The workmen's job is such that they are exposed to the summer heat. It is the obligation of the employer, therefore, to provide a definite source of water: The workmen are engaged almost on full time basis. As report indicates bulk of the workmen are not prepared to return to their States. What is necessary, therefore, is provision of a permanent base for residence at or near the work·site. This would necessitate reasonable housing, supply of water, a reasonable provision store at hand, ) schooling facility, facility of a hospital, recreational facilities and attention to the law and order problem. Perhaps near the an a a police station or an outpost could be located. If the workers were i11sufficient in number, a doctor could be taken as a visitor to the area at frequent intervals and instead of a regular school one single teache . · could be provided to look after the health of the people.

Court's judgment to regulate such matters has inherent limitation. These are not schemes which could be conveniently mc,nitored by court-far less can the apex court keep track of the natter. Its Registry has congestion. To get attention for a matter of thi; type from the Court is bound to take some time. Human problems iu their normal way do not wait for a time schedule for attention. In su~h circumstances, it should be the obligation of the State which on account of running stone quarries within its area must in various way; be getting benefits to look after these aspects. As a welfare Stat. e it is now the obligation of the State of Haryana to cater to these requirements of the area. Haryana as we find has made substantial advances compared to many other States of the country and there is some amount of welcome consciousness in the administration of the State.

We ho Je and trust that if a direction is issued to the Chief Secretary of :he State to regulate these aspects the reposing of trust by this Com t would not turn out to be misplaced. In these circumstances we call upon the State of Haryana to attend to the needs referred to above of the workmen in a . wellconsidered and systematic way. Since those workmen who will be f working there have to be protected from the vagaries of employment and the anxiety of the employer to draw work without 2dequate payments, the authorities of the State of Haryana must take care to protect the workmen from the hands of the employer by ensurir. g compliance with the laws and if there be any vacuum in the laws the State of Haryana should rise to play the role of a welfare State ar d play it well. In fact there could be a special cess raised against the q1. arry activities to be specifically utilised by way of retunf to the indu ;try and there could be a special fund out of which all the amenities ref!

rred to above could be provided. What is wanting is not power but the mind and alertness regarding one's duty. If our directions are worked out there would reall:r be no bonded condition and the workmen would be paid their dut share against employment and with the facilities ensured they can ive well in the area. BANDHUA MUKTI MORCHA v. U. 0. 1. 547 At the point of enforcement of the directions as indicated above if any one turns out to be bonded and is freed and is also prepared to return to his State, the scheme frameJ by the Government of India would be applicable to such person. We are thankful to Mr. Laxmidhar Misra, Mr. Mahabir Jain and the members of the new Committee for their cooperation. The society to maintain its own elevation requires willing and voluntary contribution from all those who inhabit it. In a welfare State it is the society which has to develop its welfare means. No society can have the welfare outlook unless geared up on the basis of amity, friendship.

cooperation, consideration and compassion. If everyone living in India is willing to believe in the 'live and let live' principle he would be prepared to devote the same attention to the people around him as he is willing to devote for himself. This factor, if practised, would immediately bring about sufficient rejuvenation of the ailing society. It is this elevated society that everyone must look forward to. We, therefore, dispose of this petition by directing that the State of Haryana shall now ensure that the people who have been identified numbering about 2000 are continued in work with the improved conditions of service and facilities as referred to above and such of them who want to go back to their native areas be treated as released from bondage and appropriate action must be taken in accordance with Government of India's scheme forthwith. There shall be no order as to costs. We had called upon the State of Haryana to deposit Rs.

20,000 to meet the expenses of the Committee appointed by us. The Registry will look into that matter and on the basis of the statement furnished by tlte Committee put up a note within two weeks for giving direction regarding honorarium to be paid to the members of the Committee. V. P. R. Petition allowed.