BANDHUA MUKTI MORCHA versus UNION OF INDIA & OTHERS

Citation: [1984] 2 S.C.R. 67 · Decided: 16-12-1983 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Disposed off

Cited by 27 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

--
·, 
-.... 
• 
67 
A 
. BANDHUA MUKTI MORCHA 
• 
v. 
UNION OF INDIA & OTHERS· 
December.16, 1983 
B 
Constiflltio11 of India.-Article 32 (1)-Mode of intirpreting Article 3Z.....-
"Appropriate proceedings", 1neaning of-Letter addressed· by a party on behalf of 
pers_ons belonging to socially and, economically weaker iRections co1n'p/aining violation 
... • 
of their rights under vario~ts social welfare legislations-Whether can be t'reated as a 
writ petition._Maint~iltability of-Public ·Interest Litigation-Nature and scope of. 
. C • 
Constitution of India, Article 32 (2)-Appointmeftt of com1nissions _by ihe 
Supretn'! Court to enqui;e into the complaint made iii the writ petition anti rrlying upon 
the commi~sioners' re/,ort-Prop~iety of-Adver:;arial Procedure-How far binding 
on the Co.urt-Supreme Court Rules, 1966, O, ·xxxv, XLVI and XLVll, Rule 6-
Code of Civil Procedure,.O,XXVI. 
· Mines Act, ·1952-Sections 2 (j), (jj), (kk), .i (I) (b) proviso 18 Chapters V, VI 
&. Vil-Meaning of the word ''mine"--Whether stone quarries are 1n;ties-Whether 
workers of the stone quarries and crushers entitled to the benefits accruing under" the 
Act-Responsibility of the mine lessees, 1nine owners, Ceniral Governmint and the 
State ·Governments for ensuring the benefits accruing under the Act, explained-Mines 
Rules 1955, Rules 30-32-r'uniab Minor Minera~ Concession Rules, 1964. 
Inter-State Migra~t Work1nen (Regulation of .Employment and Conditions 
of Service) Act. 1979-ss.2 (/) (e), (b), (g), 4,§_)2 and Chapter V-Inter·State Mig-
rant Workmen (Regulation of Employment aird Conditions of SerJ1ice) Central Rules, 
: 1980-Rules 23, 25-45-Definition of inter-state 1nigrant workinen-Rights and benefits 
of inter-state mlgrant workmen ·explalned~Thekedars or Jan1adars recruitlng workers 
for· mine lessees/owners from outside the State are "contractOrs"-Contract Labour 
(Regulation and Abolition) Act, J.970-:-ss. 2 (/)(a), (b), (c) (g), 16 to 21. 
. 
. 
Bonded IAbour Sys(em (Abolition) Act, 1976-ss.2 (f), (g), 4, 5, 10-15-Exis-
tene,!! of Forced Labour-Whether bonded.labour-Burden o} prooJ lies upon the em-
ployer that the labourer is not a bonded labourer-Court will be justified in pressum-
ing thilt the labourer ls a bonded labourer unless the pfesumption is rebutted by 
. producing satisfactory mai~rial. 
Minbnum Wciges Act, Worktnen's C0mpensation 1Act, 1983,Paynient of Wages 
Act, ·E1npl0Yees State Insurance Act, Emplqyees Provident Fund and MisCel/aneous 
Provisions Act, Maternity Benefits Act, 1957-Benefits accruing under these Acts-
Whether available to mine workers. -
D 
E 
F 
G 
The petitioner, an organisation dedicated to the cause of release of bonded . 
labourers in the country, addressed ·a Ieiter to Hon'ble Bbagwati, J. alleging : (1) 
H 
that there \Vere a large number of labourers from different parts ofthC: Country who 
wC:re work.1ng in some of the stone quarries situate in district Faridabad, State of 
. 
' 
. 
' 
A 
.B 
c 
D 
E 
F 
G 
H 
• 
, 
68 
SUPREME COURT REPORTS 
[!982] 2 S.c.R. 
Haryana under 
0 inhuman and intolerable cohditions; (2) that a large number 
of them were bonded labollrcrs; (3) that the provision·s of the Constitution and 
·various social Weffare laws passed for the benefit of the ~aid workmen ~ere not be:-
ing implemented in regard to these IabOurers .. Th~ petitioner also mentioned in the 
letter the names of the stone. quarries and particulars of labourers who were work~ 
ing a_s bonded labourers and prayed that a w.t;it be issued for Proper implementation 
of the yarious provisiOni .of . the.., soda! welfare legislations, s:4ch as,· Min~s 
Act, 1952 Inter-State ~11grant Workmen (Regulation of Employment and Con.:. 
ditiofls of Service) Act, 1979, Contract Labour (Regulation and Abolition) Act, 
1970, Bonded Labour System (Abolition) Act, 1976, Minimum Wages.Act, Work-
men's Compensation Act, Payment of Wages Act, Employees State Insurance Act, 
· Ma.tern'ity ~enefits Act et~. applicable t~ these'Iabour~rs Wo.rking in the said ,sto-ne 
quarries with a view to endiIJ,$ the misery, suffering, and helplessness of "these vic-
tims of t~e inost inhllinan exploitation." 
· 
The Coui't treated the letter as· a writ petition and appointed a commissi;>n to 
inqui.re ·into· the allegations made by the petitioner. The conunission while cori-
, firming the allegatic;>ns of the petitioner, pointed out i~ its ref)ort that-(i) the v,.hole 
atmosphere in the alleged stone quarries was fuil of dust and i

Excerpt shown. Read the full judgment & AI analysis in Lexace.