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2023 DIGILAW 1494 (BOM)

High Court On Its Own Motion v. State of Maharashtra

2023-07-11

A.S.DOCTOR, NITIN JAMDAR

body2023
JUDGMENT/ORDER 1. Heard the learned counsel for the parties. 2. The learned Advocate General has tendered reply affidavit dtd. 30/6/2023 sworn by the Deputy Commissioner of Labour, Mumbai. The affidavit is filed by the Deputy Commissioner after compiling the information from various departments which are involved in respect of the cause at hand. 3. By order dtd. 8/3/2023, this Court had taken suo motu cognizance of the newspaper report regarding the dismal condition of the migrant sugarcane workers in the State of Maharashtra. The learned Amicus points out that it will aid and assist in resolving the issue, if the representatives of the sugar factories are joined as party respondents. We are informed that there are two federations/ associations of the sugar factories, one is of co- operative sugar factories i.e. Maharashtra State Co-operative Sugar Factories Association and the other is of private sugar factories i.e. West Indian Sugar Mills Association. 4. The presence of the Maharashtra Legal Services Authority is required. The Legal Services Authority will place on record, on the next date, as to whether any scheme is initiated by it dealing with the issue at hand i.e. regarding migrant sugarcane workers and whether any assistance can be rendered to them. 5. In the affidavit filed, the State Government has proposed various measures, first is regarding health camp which is to be conducted by the Public Health Department. It is stated that these facilities are in process. An affidavit to be filed giving particulars of this initiative, the time-line within which these measures could be initiated and if they are going to be initiated phase-wise, the stages be indicated. 6. It is also stated that the Social Justice Department has taken a decision on 10/2/2023 to provide insurance to the sugarcane factory workers. Particulars as to whether this decision would apply to migrant sugarcane workers, how they can avail of this benefit and the methodology etc. be placed on record. 7. The affidavit also stated about the Government Resolution (GR) dtd. 21/9/2021 which contemplates issuance of identity cards to the sugarcane workers. It is stated that online portal and mobile application are proposed to be developed by the Information and Technology Corporation. be placed on record. 7. The affidavit also stated about the Government Resolution (GR) dtd. 21/9/2021 which contemplates issuance of identity cards to the sugarcane workers. It is stated that online portal and mobile application are proposed to be developed by the Information and Technology Corporation. The particulars regarding this initiative be placed on record, as to whether any tender has to be floated for this purpose, whether it is required to be floated, within how much time the initiative of issuance of identity cards to be started and completed. 8. It is also stated that 6 boys hostels and 5 girls hostels for the children of migrant sugarcane workers are functional under the Sant Bhagwanbaba Government Hostel Scheme. It is stated that in the first phase, 20 government hostels are proposed to be established in the districts- Beed, Jalna and Ahmednagar. The details of the existing hostels be placed on record, as to the strength of students, the process of admission etc. It is also to be indicated as to when the first phase would be initiated and completed. 9. As regards the aspect of sexual harassment, we are informed that Women and Child Development Department would look after this aspect along with the Home Department of the State of Maharashtra. The affidavit states that steps would be taken to create awareness and to take preventive measures to avoid any incidence of exploitation, however, the details of the same have not been provided. The same shall be provided in the affidavit this is to be filed. 10. It is placed on record that a specific Corporation named Gopinath Munde Sugarcane Labour Welfare Corporation has been established by GR dtd. 13/9/2019 which can carry out a State-wide survey. The GR is placed on record. It refers to the fact that there are around 101 co-operative sugar factories and 87 private sugar factories employing around 8 lakh sugarcane workers. It is stated that most of the sugarcane workers are from Marathwada region, especially Beed district and migrants from other areas of the State in search of the work. The Corporation is set up to look after the interest and welfare of such migrant sugarcane workers. The GR notifies the President and states that as regards the other members of the Corporation and the procedure to be adopted would be notified subsequently. 11. The Corporation is set up to look after the interest and welfare of such migrant sugarcane workers. The GR notifies the President and states that as regards the other members of the Corporation and the procedure to be adopted would be notified subsequently. 11. Considering the fact that the State Government has established a statutory corporation to address the issue of migrant sugarcane workers, the very issues that arises in this suo motu petition, it would be necessary to get the particulars about functioning of this Corporation. The affidavit to be filed will place on record the composition of the Corporation, whether any rules/ procedure has been framed, whether any meetings have been held by the Corporation and the initiative taken and implemented by the Corporation since 13/9/2019. Any GR subsequent to GR dtd. 13/9/2019, if issued in respect of the said Corporation, be placed on record. 12. The learned Amicus and the learned Advocate General state that since the mechanism is already put in place to look after the welfare of migrant sugarcane workers, it may not be necessary to have alternate mechanism and endeavour should be to strengthen the existing mechanism i.e. the aforesaid Corporation. 13. On the next date, the Corporation will place on record whether there are any impediments faced by it in achieving its object, so that suitable directions can be given. 14. Our attention is drawn to the Action Plan issued by the office of the Commissioner of Labour dtd. 5/6/2023 pursuant to the present suo moto writ petition. The Action Plan reads thus: "Action Plan for implementation of various applicable labour laws relating to sugarcane cutting and transport workers in the sugar industry. In view of the Suo Moto Writ Petition No. 1 of 2023 in regard to the rights of sugarcane cutting and transport workers in view of the news in the 'The Hindu' Newspaper dtd. 8/3/2023. In the ensuing sugar industries season 2023-24, the various concerned Division and District Officers action for ensuring implementation of applicable labour laws is assigned as follows. 1. All the Divisional Officers (excluding Kokan Division) are hereby entrusted with the responsibility of Chairman of monitoring committee to implement this action plan for the ensuing season of sugar industry 2023-24. Separate order in this regard will be issued accordingly. 2. 1. All the Divisional Officers (excluding Kokan Division) are hereby entrusted with the responsibility of Chairman of monitoring committee to implement this action plan for the ensuing season of sugar industry 2023-24. Separate order in this regard will be issued accordingly. 2. All the District Heads/ Assistant Commissioner of Labour will ensure that every sugar factory is inspected by the Government Labour Officer along with necessary assistance under his/her supervision. here the District Head is Government Labour Officer, the nearest Districts Assistant Commissioner of Labour will supervise the inspection as decided by the Division Head. 3. It will be the responsibility of supervising authority to ensure appropriate inspection remarks which will include the detailed interview of the concerned sugarcane cutting and transport workers. 4. The interview during inspection should include points of welfare facilities, working conditions, facilities regarding health and safety, wages (rates and time and payment, mode of payment and the actual pay muster), identity cards, advances, if any, temporary housing, sanitation facilities. creche etc. 5. The Division Head shall maintain a Data Sheet provided by the Commissioner of Labour for inculcating all the necessary information regarding the sugarcane cutting and transport workers with respect to their welfare and legislative rights as shown in Para No.4. This data will be compiled for whole of the season to be continued for every season and maintain henceforth. 6. It will be the responsibility of Assistant Commissioner of Labour to ensure the compliance of the inspection remarks by the management with appropriate follow up. Since the season is for 5 to 7 months, compliance time should be minimal. 7. Non-compliance by management should be dealt with strictly as per law. 8. The District Head/ Assistant Commissioner of Labour and the concerned Labour Officer will visit the factory and the premise where sugarcane cutting workers are actually working and conduct an awareness program to give them knowledge of their rights under various labour laws and welfare schemes in existence. 9. The Division Head shall formulate an all-inclusive informative news article and circulate to the concerned unions, workers and the management/ contractor of sugarcane cutting and transport workers. 10. The Division Head will conduct monthly meet of all District Heads concerned where sugar factories are running for follow up and review. 11. 9. The Division Head shall formulate an all-inclusive informative news article and circulate to the concerned unions, workers and the management/ contractor of sugarcane cutting and transport workers. 10. The Division Head will conduct monthly meet of all District Heads concerned where sugar factories are running for follow up and review. 11. Report in this regard should be sent by the Division Head to the Commissioner of Labour on or before 15 th day of the next month after the season starts in 2023-24. 12. The Commissioner of Labour will conduct a meeting of all the Division Heads prior to start of season and guide and instruct them for effective implementation of applicable laws and other awareness programs to be conducted during the season of 2023-24"Action Plan contemplates that reports should be sent on or before 15th day of the next month after the season starts in 2023-24. The report, if any, be placed on record on the next date. 15. The Registry will join the following parties as party respondents to this petition: 1. Maharashtra State Co-operative Sugar Factories Association, Sakhar Bhavan, 11th Floor, Plot No.230, Block No.3, Backbay Reclamation, Nariman Point, Mumbai- 400 021. 2. West Indian Sugar Mills Corporation, Agricultural College Campus, Sakhar Sankul, Shivaji Nagar, Pune- 411 005. 3. Maharashtra Legal Services Authority. 4. Gopinath Munde Sugarcane Labour Welfare Corporation, Sr. No-104/105 Dr Babasaheb Ambedkar Bhavan, Near Vishrantwadi Police Station, Yerwada, Alandi Road, Pune- 411 006. 16. The Registry will issue notices to the added respondents, returnable on 4/8/2023 at 2.30 p.m. 17. Though we have directed the Registry to join Maharashtra State Co-operative Sugar Factories Association and Western Indian Sugar Mills Association, we do not intend to enter into the arena of adversarial adjudication between them and the migrant sugarcane workers and it is impressed on these factories that these proceedings are not adversarial and the object is welfare of migrant sugarcane workers, whose efforts would ultimately benefit the sugar factories.