Ranganath Misra, J. - (1.) A letter written by the Secretary/ Spokesman of the Great War Ex-Services Organisation at Tirukkoyilur in South Arcot District of Tamil Nadu alleging prevalence of bonded labour in stone quarries in several districts of Andhra Pradesh and other areas was registered as writ petition No. 1574 of 1982. The other three applications are similar matters. We propose to confine reference to the first case as, through interlocutory orders. whatever relief was necessary had been given in these matters.
(2.) On 25th of January, 1983, this Court made the following order:- "Writ petition is adjourned for three weeks. Meanwhile District Magistrate, Hyderabad and a representative of AWARE will jointly and together visit the site referred to in the writ petition of the petitioner and make a report to this court in regard to the various averments made in the writ petition. The report shall be made by the District Magistrate, Hyderabad and the representative of the AWARE within two weeks from today .....................". On 19th of August. 1983, this Court again directed:- "The writ petition is adjourned to 28-9-83. Meanwhile the respondent State of Andhra Pradesh will file an affidavit setting out in detail facts and figures showing how many bonded labourers have been identified and released in the different districts of the State since 1-1-83 and whether they have been rehabilitated and if so. in what manner and whether there is any follow up action. If there are any freed bonded labourers who have not yet been rehabilitated, the respondent State of Andhra Pradesh will set out in its affidavit whether any steps have been taken for keeping track of them after their release and what measures it proposes to adopt in the immediate future for their rehabilitation. We are informed that Vigilance Committees have been constituted in some of the districts of the State. We would, therefore, direct that Vigilance Committees shall be set up at a very early date in all the districts and subdivisions of the State and in these Vigilance Committees, social activists shall be included as members on the basis of their record of social commitment because it is now recognised on all hands that it is only through the active involvement of voluntary agencies and social action groups that the problem of identification of bonded labour can be solved. We would also direct that in every Vigilance Committee constituted or to be constituted, a representative of AWARE if available, shall be included as a member in order to ensure vigorous and effective implementation of the programme of identification and rehabilitation of bonded labour. We would also like the District Judge, Krishna District to visit the stone quarries at Kailaspuram and inquire whether there are still any workmen working in the stone quarries against their will and whether the advances made to the workmen are written off as promised by the contractors and whether they are paying to the workmen higher wages ranging from Rs. 56/- to Rs. 75/-per unit without any deductions ...........". Soon after the report of the District Judge was received, this Court made another order on 20th of Oct. 1983, where it was stated inter alia:- "The second direction relates to the observance of the various labour laws in stone quarries in Kailaspuram in Krishna District. The State Government has made various suggestions in the affidavit of Shri K. Parthsarathy for the purpose of ensuring observance of the labour laws for the benefit of the workers engaged in the stone quarries and has also put forward a few other suggestions with a view to improve the living conditions of the workmen. We hope and trust that the State Government will, without any undue delay, proceed to carry out these suggestions and shall not wait for any directions to be given by this Court in that behalf. It appears from the report of the District Judge that it is extremely doubtful whether the labour laws are being enforced properly. It is, therefore, necessary to direct an inquiry for the purpose of ascertaining whether the labour laws are being properly observed. There can be no doubt that the stone quarry being a mine within the meaning of Mines Act, 1952, the provisions of Mines Act, 1952, the Mines Rules, 1955, Mines Vocational Training Rules, Mines Crush Rules and Minimum Wages Act are applicable to workmen employed/ engaged in stone quarries. So also the provisions of the Contract Labour (Regulation and Abolition) Act are applicable. In case the work of the stone quarrying or any part thereof is entrusted by the mine owners of the stone quarries or the lessee of stone quarries to contractors or labour/workmen are recruited through the agency of contractors, there are various magnificent provisions enacted in these labour laws for the benefit of persons engaged/ employed in sone quarries and it is essential that the benefits of these provisions must be made available to the workmen. We would, therefore, direct Shri Lakshmidhar Mishra, Joint Secretary Ministry of Labour, Government of India, to visit the stone quarry at Kailaspuram and to hold an inquiry for the purpose of ascertaining whether there is existence of bonded labour and whether the Mines Act, 1952, Mines Rules, 1955, Mines Vocational Training Rules, Mines Crush Rules and the Contract Labour (Regulation and Abolotion) Act, and the Minimum Wages Act, 1948, are being observed .............". Pursuant to these orders the District Judge of Krishna District, AWARE and Mr. Lakshmidhar Mishra submitted three separate reports, copies whereof had been furnished to the respondents. It is appropriate to indicate at this stage that the necessity to appoint Mr. Lakshmidhar Mishra to go into the aspects indicated in the order referred to above arose out of the report of the District Judge as he had indicated that several beneficial legislations meant for protecting the interests of the workmen were not being enforced.
(3.) On 10th of January, 1984, after the report by Mr. Mishra was furnished to the Court, the following order was made:- "Pursuant to the order made by us on 20th of Oct. 1983, Sri Lakshmidhar Mishra, Joint Secretary, Ministry of Labour, Government of India, visited the stone quarries at Kailaspuram and held an inquiry for the purpose of ascertaining whether there is existence of bonded labour and whether the Mines Act, 1952, Mines Rules, 1955, Mines Vocational Training Rules, Mines Creche Rules, the Contract Labour (Regulation and Abolition) Act, and the Minimum Wages Act are being observed or not. He has submitted a report to the Court and copies of this report have been supplied to the learned advocates appearing on behalf of the parties. Mr. Ram Reddy, learned Advocate appearing on behalf of the State of Andhra Pradesh has requested for time in order to consider this report and he has assured us that the suggestions and recommendations of Shri Lakshmidhar Mishra in this report will be carried out by the State of Andhra Pradesh to the extent feasible and in case of any difficulty, the matter will be brought to the notice of the court so that appropriate directions can be given. We adjourn the writ petitions to 21-2-1984 in order to enable the State of Andhra Pradesh to carry out the suggestions and recommendations made in the report of Shri Lakshmidhar Mishra and to file appropriate affidavit setting out what steps and measures have been taken by the State Government and if any of the suggestion and recommendations have not been carried out what are the difficulties in regard to the carrying out of such suggestions and recommendations and also as to how the State Government propose to resolve them. We hope and trust that the State of Andhra Pradesh will carry out the suggestions and recommendations contained in the report of Shri Lakshmidhar Mishra Within the time allowed to them. We also issue notice to the Central Government which is responsible for the enforcement of the Mines Act, 1952, Mines Rules, 1955, Mines Vocational Training Rules and Mines Creche Rules since it has already been held by this Court in a judgment delivered on 16-12-1983 in the case of Bandua Mukti Morcha v. Union of India, (1984) 3 SCC 161 that stone quarries are mines within the meaning of the Mines Act, 1952 and the provisions of the Mines Act, 1952, Mines Rules, 1955, Mines Vocational Rules and Mines Creche Rules are applicable to the stone quarries. The Registry will forward to the Ministry of Mines as also to the Ministry of Labour, Government of India, along with the notice, copies of the writ petitions and of the report made by Shri Lakshmidhar Mishra. The Central Government will in the meanwhile take steps to ensure that the provisions of the Mines Act, 1952 and the connected laws are observed in the stone quarries of Kailasgiri and make a report in that behalf to this Court before the next date of hearing .......... As a result of the action taken by the court in these writ petitions, about 700 bonded labourers were freed earlier and thereafter about 1, 500 more bonded labourers were freed. The State of Andhra Pradesh also arranged for their transport from Kailasgiri to their homes situated outside the State of Andhra Pradesh. We would direct the State of Andhra Pradesh to furnish to the Court at the next hearing of the writ petitions a list of bonded labourers who were thus freed and sent back to their homes so that we can give appropriate directions for their rehabilitation." Pursuant to these directions, the State of Andhra Pradesh filed an affidavit and supplied particulars of 1417 persons filed an affidavit and supplied particulars of 1417 persons freed from bonded labour and took the stand that in regard to the remaining, particulars were not available. The Union of India in the Ministry of Labour and Rehabilitation also filed its affidavit through Shri J.K. Jain, Under Secretary in the Ministry. On 7th of March, 1984, this Court made the following order:- "The Union of India has filed a counter affidavit in this case a copy of which has been supplied to Mrs. Hingorani, Advocate for the petitioner. Copies have not yet been supplied to the Advocate for the State of Andhra Pradesh and the same may be done immediately. The State of Andhra Pradesh has filed an affidavit setting out a list of 1417 bonded labourers who have been released and repatriated to their respective States namely, Orissa, Karnataka and Tamilnadu........We would direct the State of Andhra Pradesh to prepare three separate lists of the released bonded labourers repatriated to the States of Tamilnadu, the State of Karnataka and the State of Orissa and supply copies of these lists to Mrs. Hingorani on behalf of the petitioner and also a copy of the concerned list to the Advocates appearing on behalf of the States of Tamilnadu and Karnataka. So far as the State of Orissa is concerned a copy of the concerned list shall be forwarded to the Chief Secretary of the State of Orissa and also served on the standing counsel for the State of Orissa. Notice on the writ petition shall be served on the States of Karnataka and Orissa and also additionally on the standing counsel of these two States. We would direct the States of Tamilnadu. Karnataka and Orissa to take immediate steps for the purpose of rehabilitating these released bonded labourers who have been repatriated to their respective States as is shown in the list supplied to them and then to inform the court at the next hearing of the writ petition as to what steps they have taken and are taking to rehabilitate them. It is the obligation of the State Government under the Bonded Labour Act, 1976 to rehabilitate the freed bonded labourers. We would also suggest to the States of Tamilnadu, Karnataka and Orissa that in constituting the vigilance committees which are also to be associated in the work of rehabilitation of the freed bonded labourers, they should involve the representatives of social action groups and voluntary agencies operating in these areas and whatever rehabilitation is provided to the freed bonded labourers, must be provided in the presence of a representative of such social action groups or voluntary agencies so as to ensure that rehabilitation provisions actually reach the hands of such labourers. These three State Governments will submit a report to this Court on or before 13th of April, 1984 ............".;