SUPREME COURT OF INDIA

Before:- S. Saghir Ahmad and D.P. Wadhwa, JJ.

IA. No. 5 in WP (C) No. 2135 of 1982. D/d. 11.1.2000

Bandhua Mukti Morcha - Appellant

Versus

Union of India and others - Respondents

A. Constitution of India, 1950, Articles 21 and 32 - Bonded Labour - Rehabilitation of Colony of Stone-crusher Workers - State Government took assurance on record that job of electrification would be completed by deadline previously set by court - Affidavit in relation to further progress in matter continue to be filed - 5.6 acres of Land as an alternative site for rehabilitation of bonded labourers offered and accepted on record - Cost of Land and construction to be carried by Government or Municipal Corporation would be recovered from the employers of the Labourers.

[Paras 6, 7 and 8]

B. Constitution of India, 1950, Articles 21 and 32 - Report - Threats to govt. officials working on inquiry regarding non-payment of minimum wages - Held, no threat whatsoever would be tolerated - If any threat given to officials then appropriate action would be taken against those responsible.

[Paras 12 and 13]

Cases Referred :-

Bandhua Mukti Morcha v. Union of India, (1991) 4 SCC 177.

ORDER

S. Saghir Ahmad, J. - Electrification of the Stone-crusher Workers' Housing Colony at Village Pali.

1. By our order dated 16-11-1999, Bandhua Mukti Morcha v. Union of India, we had directed the State Government of Haryana to provide all necessary funds to the Municipal Corporation of Faridabad on the basis of the estimates already approved by the Municipal Corporation and to get the job done through the agency of the Haryana Vidyut Prasaran Nigam which was a State-owned corporation so that the necessity of floating tenders be obviated and the matter may not be delayed.

2. Mr Krishan Kumar, Commissioner, Municipal Corporation, Faridabad in his affidavit dated 18-12-1999 filed in this Court has stated as under:

'That the estimate of Rs. 7,48,014 for provision of electrification in Stone-crusher Workers' Housing Colony at Village Pali have been prepared and approved. Tenders for electrification work have been called and allotment of work is under progress. (Copy of approval attached as Annexure I.)'

3. Mr Ranjit Kumar, learned Amicus Curiae has pointed out that the job is not being done through the Haryana Vidyut Prasaran Nigam as tenders have been invited after the estimates were prepared and approved. This, it is submitted, is contrary to the order passed by us on 16-11-1999.

4. Mr Altaf Ahmed, learned ASG appearing on behalf of the State of Haryana has stated that in a meeting held under the Chairmanship of the Chief Secretary, Haryana, it was decided that the job would be done through some other agency for which tenders were to be invited. This is obviously contrary to the order passed earlier but since an assurance is given to the Court on behalf of the State Government that the job of electrification would be completed by 16-2-2000 which is the deadline already set by this Court, we are not inclined to initiate any action against the Haryana Government.

5. In view of this, no further orders are required except that an affidavit indicating further progress in the matter shall continue to be filed as already directed earlier.

6. The affidavit of Mr Krishan Kumar, Commissioner, Municipal Corporation of Faridabad further indicates that significant progress has been made in the laying of water supply lines, metalling of roads, carpeting of internal roads, construction of community toilets and drainage work. Affidavits of progress shall continue to be filed as directed earlier.

7. Pursuant to this Court's order dated 16-11-1999, the Commissioner, Municipal Corporation of Faridabad has offered land measuring 5.6 acres comprising Khasras Nos. 79/11, 12, 19, 20, 21, 22; Khasras Nos. 88/6, 15; and Khasras Nos. 89/1, 10 in Village Sarai Khawaja located adjacent to Green Field Colony in Sector 43, Faridabad as an alternative site for the rehabilitation of the bonded labourers. This offer has been accepted by Swami Agnivesh by his letter dated 29-11-1999 copy of which has been placed before us. Cost of the land as indicated in the letter of offer submitted to the Court under the signature of Mr Mahabir Singh, Advocate, learned counsel for the Municipal Corporation of Faridabad has to be recovered from the employers of the bonded labourers. For this purpose, the Municipal Corporation will have to fix the rate at which the cost of the land will be determined. This will be done after giving notice to the employers of the bonded labourers. After the value of the land is determined, cost of the land will be recovered from the employers of the bonded labourers. But the process of determination of the value of the land will not delay the rehabilitation work in any manner. The construction of the one-room tenements with attendant facilities at the site will be carried out either by the State Government of Haryana or the Municipal Corporation of Faridabad and the cost of the construction will also be recovered from the employers of the bonded labourers. Both the letters' the one dated 27-11-1999 by which the offer has been made and the letter dated 29-11-1999 by which the offer has been accepted as also the copies attached therewith shall be placed on the record.

8. Now that the Municipal Corporation of Faridabad has offered the site for rehabilitation of bonded labourers, we hope that the State of Haryana and the Municipal Corporation of Faridabad would implement the judgment of this Court in Bandhua Mukti Morcha v. Union of India, (1991) 4 SCC 177 which contains the following important observations:

'29. 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 area a police station or an outpost could be located. If the workers were insufficient in number, a doctor could be taken as a visitor to the area at frequent intervals and instead of a regular school one single teacher could be provided to look after the health of the people.

30. Court's judgment to regulate such matters has inherent limitation. These are not schemes which could be conveniently monitored by a court far less can the Apex Court keep track of the matter. Its Registry has congestion. To get attention for a matter of this type from the Court is bound to take some time. Human problems in their normal way do not wait for a time-schedule for attention. In such circumstances, it should be the obligation of the State which on account of running stone quarries within its area must in various ways be getting benefits to look after these aspects. As a welfare State 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 others States of the country and there is some amount of welcome consciousness in the administration of the State. We hope and trust that if a direction is issued to the Chief Secretary of the State to regulate these aspects the reposing of trust by this Court would not turn out to be misplaced.'

9. Pursuant to the order dated 16-11-1999, the Chief Judicial Magistrate, Faridabad has filed an affidavit which indicates that 14 recovery cases are pending in his Court. Details of these cases have been given in Annexure R-2. We are satisfied that effective steps for the recovery of the amount have already been taken by the Chief Judicial Magistrate, who shall proceed with those steps in right earnest and submit a report to this Court within a month.

10. The Deputy Labour Commissioner and Assistant Labour Commissioner have jointly filed their report in court which shall be taken on record. Mr A. Sharan, learned counsel to whom a copy of this report has been handed over has assured that necessary copies of this report shall be prepared in his chamber and supplied to all the learned counsel appearing in this case. Response to this report may be filed by the parties within three weeks.

11. Mr N.N. Goswami, learned Senior Counsel drew our attention to para 9(d) of the report submitted by the Assistant Labour Commissioner which inter alia reads as under:

'(d) The lease-holders/contractors who have been continuously defying the orders of the Honourable Court and not paying the minimum wages as brought out in Annexures I and II of the inquiry report are having muscle power and some of them are influential persons. The officers assigned the inquiry/task are getting anonymous threats over phone to submit the positive report before the Honourable Court or be prepared to face consequences. It is therefore prayed to the Honourable Court that if the inquiry report is made public, the Honourable Court may direct providing of sufficient protection to the officers against the risk of life to self and their family members.'

12. Since the mine-owners are represented before us, we make it clear to them that the officers are doing the job on behalf of this Court besides performing their official duties under the Court's directions and no threat whatsoever, either to the officers or to any of the labourers shall be tolerated. If a threat of any sort is held out to the officers or labourers, appropriate action will be taken against those responsible for holding out the threats.

13. Pursuant to the order of this Court passed on 16-11-1999, Mr P.K. Choudhery, Commissioner and Secretary to Government of Haryana, Mines and Geology Department has filed an affidavit. We have perused the affidavit and are satisfied that appropriate action has been initiated against the defaulters.

14. Put up on 22-2-2000.

.