Bhatta Majdoor Sangarsh Samiti v. Labour Commissioner
2003-10-30
ANIL DEV SINGH, K.S.RATHORE
body2003
DigiLaw.ai
JUDGMENT 1. :- In these batch of writ petitions, it is alleged that the Inter-State Migrant Workers are being deprived of the benefits of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (for short "Inter-State Migrant Workmen Act"), the Factories Act, 1948, the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and various Labour Laws. According to the petitioners, the said welfare Legislations are not being enforced by the State and its instrumentalities, especially in case of Inter-State Migrant labour from Rajasthan employed in brick-kilns outside the State through contractors and Inter-State migrant labour from outside Rajasthan employed in brick-kilns inside the State through contractors. 2. The learned counsel appearing for the State says that the State and it instrumentalities are ready to comply with the aforesaid provisions of law. 3. In so far as the Inter-State migrant workers from outside the State of Rajasthan and employed in the State in brick-kilns are concerned, there can be no difficulty in implementation of the aforesaid laws, including the Inter-State Migrant Workmen Act. But the position with regard to the implementation of the provisions of the Inter-State Migrant Act with reference to the Inter-State Migrant workmen working outside their States of origin poses difficulty which can be removed by the application of the decision of the Supreme Court rendered in Dr. Damodar Panda v. State of Orissa (A.I.R. 1990 SC 1901) . In that case the Supreme Court, having regard to Section 20(3) of the Inter- State Migrant Workmen Act, held that there cannot be an valid justification for not permitting the officers of the originating State to hold appropriate inquiries in the recipient State in regard to person originating from the former State and working as migrant labour in the latter State. The Supreme Court also held that every State and Union Territory in India would be obliged to permit officers of originating States of migrant labour for holding appropriate inquiries within the limits of the recipient States for enforcement of the Statute and no recipient State shall place any embargo or hindrance in such process. 4.
The Supreme Court also held that every State and Union Territory in India would be obliged to permit officers of originating States of migrant labour for holding appropriate inquiries within the limits of the recipient States for enforcement of the Statute and no recipient State shall place any embargo or hindrance in such process. 4. In view of the aforesaid judgment of the Supreme Court, the Officers of the State of Rajasthan can even hold inquiries with regard to the migrant labour from Rajasthan working in the brick-kilns outside the State and the recipient State would be obliged to permit the Officers of the State of Rajasthan for holding appropriate inquiries within the recipient State for enforcement of the Inter-State Migrant Workmen Act. The legal position, as enumerated by the Supreme Court, is absolutely clear and the Officers of the State cannot shy away from their duty to launch inquires in order to study the working conditions of the Inter-State Migrant Labour and to prevent contravention of the law. Inquiries obviously should lead to the enforcement of benefits which are available to the migrant labour under the provisions of the Inter-State Migrant Workmen Act. 5. All the aforesaid Legislations, including the Inter-State Migrant Workmen Act are welfare & beneficial Legislations and are meant to provide various benefits to the workmen. The State and its concerned instrumentalities are duty-bound to enforce the Acts. 6. These petitions are disposed of with a direction that the various welfare Legislations, including Inter-State Migrant Workmen Act which have been framed for the benefit of the labour, induding the workmen working in the brick-kilns etc. shall be enforced by the State and its concerned instrumentalities. 7. The matter shall be listed, only for the purpose of monitoring the implementation of the order passed by us. The State and its instrumentalities shall file the reports with regard to enforcement of the Acts and the directions given by us by means of three monthly reports. List on January 09, 2004.Petitions disposed of . *******