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1996 DIGILAW 1759 (SC)

M. C. Mehta v. Union of India

1996-09-19

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. Pursuant to this Court's order dated February 2, 1996 an affidavit has been filed by Mr. NC Sarangi, Regional Labour Commissioner (Central), Chandigarh indicating the steps taken by the Regional Labour Commissioner pursuant to the above said order of this Court. The issue before us is the payment of minimum wages to the workers who have been/are working in the mines operating in the Faridabad and the adjoining areas. Mr. NC Sarangi has stated in his affidavit that the backwages are to be paid to the workmen with 12% interest. It is not disputed that the Central Government by the notification dated September 17, 1991 issued under the Payment of Wages Act fixed the minimum wages at Rs. 143/- for 200 cubic feet. Some anomalies were pointed out in the said notification, but finally the Central Government has clarified the anomalies by the notification dated February 28, 1996 and has reiterated that the minimum wage for the workers working in these mines would be Rs. 143/- for 200 cubic "stone breaking or stone crushing". It is further not disputed that large number of workmen were not paid their wages at the rates fixed by the Central Government by the above said notification. Mr. Sarangi has stated that Rs. 4,35,544.81 have been recovered from the mine owners for disbursing the same among the workers. It is further stated that Rs. 1,84,384/- out of the said amount has already been disbursed to the workers. According to the Regional Labour Commissioner efforts are being made to disburse the balance amount, but due to migratory nature of the workers most of them have left the place and employment and are not traceable. Be that as it may, the amount has to be disbursed to the workmen or their heirs. Swami Agnivesh, who is personally present in Court and assisting us in this matter, states that there is a non Government organisation called Rashtriya Khan Mazdoor Union. Swami Agnivesh is the President of this Union. Swami Agnivesh has been assisting this Court on behalf of the mine workers and bonded labourers for the last about two decades. This Court issued comprehensive directions in Bandhua Mukti Morcha v. Union of India and Ors., 1984 (3) SCC 161 and subsequent in Bandhua Mukti Morcha v. Union of India and Ors., 1991 (4) SCC 177 . Swami Agnivesh has been assisting this Court on behalf of the mine workers and bonded labourers for the last about two decades. This Court issued comprehensive directions in Bandhua Mukti Morcha v. Union of India and Ors., 1984 (3) SCC 161 and subsequent in Bandhua Mukti Morcha v. Union of India and Ors., 1991 (4) SCC 177 . Keeping in view the facts and circumstances of this case, we direct as under: (1) The Assistant Labour Commissioner (Central), Faridabad shall be the authority responsible for disbursing the wages due to the workmen out the amount which has already been recovered from the mine owners. (2) The Rashtriya Khan Mazdoor Union (the Union) shall identify the workers who are entitled to receive the said wages. The Assistant Labour Commissioner shall on identification by the Union and on furnishing a certificate by the Union in that respect shall disburse the amount to the worker concerned. In the event of the death of the worker, the amount shall be paid to his heir/heirs. The Assistant Labour Commissioner shall not insist on obtaining pre-receipts. He shall not evolve any cumbersome procedure. On identification/certification by the Union the amount shall be handed over and receipt obtained from the worker, which shall be further authenticated by the Union. (3) The Pay and Accounts Officer or any other authority with whom the amount is lying, shall hand over the amount to the Assistant Labour Commissioner, Faridabad on demand. The Pay and Accounts Officer shall not ask for pre-receipts from the workmen. All the receipts obtained by the Assistant Labour Commissioner at the time of disbursing the money to the workmen shall be finally handed over to the Pay and Accounts Officer. 2. The workmen who are not satisfied with the wage paid to them in the sense that they claimed more than what is paid to him, they may, within one month of the receipt of the payment approach the authority under the Payment of Minimum Wages Act, Faridabad for determination of the wages due to them. The said authority shall decide the applications peremptorily within two months of entertaining the same. 3. Needless to say that the Union can always act as an agent to file applications on behalf of individual workmen. 4. Swami Agnivesh has invited our attention to the affidavit of Mr. The said authority shall decide the applications peremptorily within two months of entertaining the same. 3. Needless to say that the Union can always act as an agent to file applications on behalf of individual workmen. 4. Swami Agnivesh has invited our attention to the affidavit of Mr. NC Sarangi dated July 8, 1996 wherein it is stated that a sum of Rs. 26,76,278.46 relating to 59 decided claim cases is recoverable from the mine owners. The recovery of the amount was stayed by the High Court in Writ Petition No. 8257/87 and connected matters. The Writ Petition has now been disposed of by the High Court by the order dated August 23, 1996. Swami Agnivesh states that on behalf of the workers/bonded labours, the judgment of the High Court has to be challenged in this Court. We request Mr. Ranjit Kumar, who is present in Court, to take necessary steps, assist Swami Agnivesh and the bonded labourers in the vindication of their rights in accordance with law. The Registry to supply the copies of the affidavit filed by Mr. Sarangi and various orders of this Court relating to I.As 3 and 4/A. in Writ Petition (C) No. 2135/82. 5. List these I.As on 9th October, 1996, alongwith the matter to be filed by Mr. Ranjit Kumar, Adv. I.A. no. 29 : Not taken up.