- (1.) This Court by the judgment dated 16th December, Bandhua Mukhti Morcha Vs. Union of India and Ors., 1984 2 SCR 67 disposed of the main matter. By the judgment the Court gave certain directions and appointed Mr. Lakshmidhar Misra, the then Central Labour Commissioner to investigate and submit a report to the Court keeping the 21 directives in view. Subsequently, on a petition for contempt at the instance of the petitioner, Dr. Jain of the Faculty of the National Labour Institute was appointed to inquire into the measures and report on the extent to which the Court directives had been implemented and to present to the Court a clear picture of the issues involved for enabling the Court to make necessary assessment and reach its conclusion as to whether the directions were being implemented,and as to whether it was appropriate or in the matter of monitoring the problems, some other course was necessary to be adopted. Dr. Jain has also given his report.
(2.) Since the judgment delivered in December, 1983 did not conclude the matter and the Court intended monitoring the subsequent steps, we heard the matter in July, 1990. Swami Agnivesh appearing on behalf of the persons said to be freed bonded labour, supplied a list of Such persons from the Faridabad quarries who, according to him, required rehabilitation in terms of the scheme for freed bonded labour. The Registry pointed out that the list was not complete in the sense that it did not bear consecutive numbers and counsel for the petitioner had been called upon to rectify the defect. We do not find any adequate response from him. In due course, a letter came from the Director General, Labour Welfare in the Ministry of Labour dated 24th January, 1991, wherein the relevant aspect was dealt with thus: ... as per the report received from the Office of the Finance Commissioner and Secretary to the Government of Haryana, 544 bonded labourers were detected and identified in that State as on 30th November, 1990. All these bonded labourers were stated to have been rehabilitated except 124 who left on their own, 96 were not willing to go back, two expired due to natural death. It was further stated by the Government of Haryana that for identification of bonded labour, Vigilance Committees at each district and sub-divisional levels have been constituted in accordance with Section 13 of the Bonded Labour System (Abolition) Act, 1976. Out of these 544 bonded labourers, none is stated to belong to the State of Haryana. I am also enclosing a statement containing statistical information of bonded labourers, identified and rehabilitated as on 31.12.1990. According to this information, the number of bonded labourers identified in Haryana State is 544 out of which 21 are stated to have been rehabilitated and the rest 523 are stated to be not available for rehabilitation. The enclosed statement in respect of Haryana indicated the number of bonded labourers identified to be 544 out of which number of bonded labourers rehabilitated is 21 as on 30th November, 1990, and the balance figure was shown as 523. There is a wide gap between the figure indicated on behalf of the petitioner and what has been shown in the letter dated 24th January, 1991, referred to above.
(3.) This matter was, therefore, placed for directions and counsel for the parties have again been heard. They have suggested that the exact number should be determined and the persons should be identified so that with reference to that number directions for rehabilitation may be given. An apprehension has been indicated that if the matter is left to the State Government with no definite details, particularly when the State Government has disclosed a smaller number, the benefit contemplated by the scheme and the Court's order would not be available and monitoring would not be effective.;