- (1.) When this writ petition was argued before us at an interlocutory stage some time in the middle of October, 1982, a fervent plea was made to us on behalf of the petitioner that certain interim directions should be given by its for protection of the labourers working in the Kapoori and iMtandola mines in Faridabad district. There was undoubtedly justification in this plea put forward on behalf of the petitioner and w:, would have ordinarily acceded to it but it then seemed that the writ petition would come up for final hearing within a short time and whatever directions were necessary could be given at that time while finally disposing of the writ petition and hence we did not think it necessary to issue any interim directions. But, unfortunately, on account of heavy work-load of the Court, the writ petition could not reach hearing until the closure of the Court for the summer vacation and that is why we are now compelled to give interim directions which would afford protection to the helpless and despairing labourers who seem to be eternally consigned to a life of serfdom and slavery on account of their poverty and destitution and who are living and working in attrociously inhuman conditions. They need to be freed from their bondage without any delay and apart from the statutory obligation which rests on the State Government to rehabilitate them-an obligation which is stoutly resisted on behalf of State of Haryana-the Directive Principles of State Policy also enjoin that they should be rehabilitated and human dignity restored to them.
(2.) On 14th September 1982 this writ petition came up for hearing before us and on that day after hearing the parties we made an order directing that notice should issue inter cilia to the State of Haryana and the Deputy Commissioner, Bhivani and in the meantime we appointed Shri Jose Verghese and Shri Ghanshyam Pardesi as Commissioners to visit the Pitchopa Mines, Shishwala mines-Tiwala mines, Bilawal mines and Atela mines to which reference was made in the letter of the petitioner as also other stone quarries situate in that area in Bhivani district and to ascertain whether there are any bonded labourers working in these mines and stone quarries and what are the conditions in which they are working and to make a report to us stating the result of their inquiry. Since release of bonded labourers is an important item in the legal service programme which is being organised by the Committee for Implementing Legal Aid Schemes, we directed the Committee for Implementing Legal Aid Schemes to deposit a sum of Rs. 1000/- in court within one week for meeting the cost of the Commissioners. We are informed that the Committee for Implementing Legal Aid Schemes has already deposited a sum of Rs. 1000/- in Court as directed by us. We also directed that the Deputy Commissioner Bhivani and other officers in Bhivani District shall afford full co-operation and assistance to the Commissioners in carrying out the task entrusted to them. Pursuant to this Order made by us the Commission- ers visted the Pitchopa mines, Bilawal mines and the Siswala-Tiwala mines complex and carried out socio legal survey in regard to the workmen working in these mines and stone quarries and male an interim report to us on 29th September 1982. It is not necessary at the present stage to refer to this interim report made by the Commissioners beyond stating that with the help of the District Authorities and the Police Force the Commissioners brought to a transit camp set up by the District Authorities 40 workmen who were working in the Pitchopa mines and 140 workmen employed in Siswala-Tiwala mines complex. We do not wish to express any opinion at the present moment on whether these 180 workmen brought to the transit camp were bonded labourers or not because that is an allegation which is seriously disputed on behalf of the State of Haryana. This interim report was followed by a final report submitted by the Commissioners on 5th October 82. This final report was a detailed report and it dealt with various questions including the question of rehabilitation of these 180 workmen who are lodged in the transit camp. We do not propose to deal with this final report at the present stage because it contains various recommendations and proposals which will have to be considered by us at the time when the writ petition is taken up for final hearing.
(3.) It appears that the 180 workmen who were temporarily lodged in the transit camp by the Government of Haryana left the transit camp around 28th September 1982 and the transit camp was disbanded. There is a controversy between the parties as to whether these 180 work- men left the transit camp of their own choise or they were driven away by the District Authorities operating at the lower level and even if they left the transit camp out of their own choice, whether they did so because they wanted to go away to their native places or because the conditions at the transit camp were so bad that they could not possibly continue to stay there any longer. We do not propose to enter upon a discussion of this controversy at the present moment but the fact remains that these 180 workmen, whether bonded labourers or working under conditions of forced labour or voluntarily out of their own free will, no longer continue to be in the transit camp from 28th September 1982. These 180 workers were, barring one family, all belonging to the State of Rajasthan. The petitioner therefore made an application to the Court praying that the State of Haryana and the State of Rajasthan should be directed to take the steps necessary for rehabilitating these 180 workmen who were released by the Commissioners from the mines or stone quarries. This application came up for hearing on 8th October 1982 and by an Order made on the same day we gave the following directions: "Issue notice to the State of Rajasthan returnable on 12th October, 1982 to show cause why, if the workmen whose names are set out in Annexure I to the Interim Report of the Commissioner as also in the two letters dated 5th September, 1982 and 7th September, 1982 addressed by the petitioner to one of the us (Bhagwati, J.) or any of them are found to have gone back to their respective villages as set out in the said Annexure as also in the said two letters, immediate steps should not be taken by the Rajasthan Government for rehabilitating them under the provisions of the Bonded Labour (Abolition) Act. Meanwhile the State of Rajasthan will immediately, through its district administration, take steps for the purpose of ascertaining whether the workmen whose names are set out in the aforesaid Annexure and the aforesaid two letters or any of them have returned to their respective villages and report to this Court within ten days from today. Mr Jose Verghese and Mr Ghanshyam Pardesi, who were appointed Commissioners by this Court by its Order dated 14th September, 1982 will again visit the sites of the Pichopa, Bilawal, Biswala and Taiwala stone quarries from where the workmen were released and taken to the transit camp, in order to find out whether these workmen or any of them have again gone back or been taken back to the stone quarries. The Commissioners will also visit stone quarries in Kadma and Kapoori in Charkhi Dadri Tehsil of District Bhivani for the purpose of ascertaining whether there are any bonded labourers working in these stones quarries and make their report to this Court as early as possible. If for any reason it is not possible for both the Commissioners to proceed immediately to the sites of the stone quarries for carrying out the assignment entrusted under this Order, either Commissioner may proceed to carry out this assignment. The Deputy Commissioner of Bhivani and officers will render whatever assistance is required by the Commissioners." Pursuant to this order made by us Shri Ghanshyam Pardesi as a Commissioner visited the Dadri Town where the transit camp was set up as also Kadma and Mandola stone quarries and after making inquiries at these places submitted a report to us on 11th October, 1982. Again we do not see any need at the present moment to discuss the various matters set out in this report but it is necessary to mention that when Shri Ghanshyam Pardesi visited Kadma and Mandola stone quarries he was accompanied by the Sub-Divisional Magistrate Dadri Sub-Division. This report sets out the circumstances in which, according to Shri Ghanshyam Pardesi, the 180 workmen lodged in the transit camp left that camp but this again is not a controversy into which we propose to enter at the present stage. It is also stated in this report that when Shri Ghanshyam Pardesi visited Mandola stone quarries he found that 20 workmen whose names are set in Annexure I to the report were working in this stone quarries for several years alongwith their children and that 22 workmen whose names are given in Annexure II to the report were alongwith their women and children working in the Kapoori stone quarries. The particulars of these workmen given in Annexures I and 11 to the report show that barring two workmen who belong to the State of Haryana, all the rest of them hail from the State of Rajasthan. These workmen according to Shri Ghanshyam Pardesi were not allowed to leave the stone quarries and were working as bonded labourers. This report as brought up before the Court by the learned counsel appearing on behalf of the petitioners and an application was made to us that immediate and urgent steps ought to be taken for the purpose of protecting these helpless workmen.;