A
B
DR. DAMODAR PANDA ETC.
v.
STATE OF ORISSA ETC.
JULY 16, 1990
[RANGANATH MISRA AND KULDIP SINGH, JJ.)
Inter-State Migrant Workmen (Regulation of Employment and
'>--.
Conditions of Service) Act, 1979: Section 20
Provisions of the ActJmplementation of-Direction by Supreme
C
Court-Officers of originating State of Migrant Labour-Can hold
enquiries within the limits of the Recepient State for enforcement of the
Act.
In these petitions on the question: as to how the provisions of the
Inter-State Migrant Workmen (Regulation of Employment and Condi-
D
tion of Service) Act, 1979 can be enforced.
Disposing the Writ Petitions, this Court,
HELD: 1. Inter State Migrant Workmen (Regulation of Employ-
E
ment and l:onditions of Service) Act, 1979 is a beneficial legislation for
satisfying the provisions of the Constitution and the obligation in inter-
national agreements to which India is a party. There is no valid justifi-
cation for not permitting the officers of the Originating State to hold
appropriate enquiries in the Recepient State in regard to persons of the
Originating State Working as migrant labour in the Recepient State. [39ID-E)
F
2. To implement the provisions of the Act every State and
Union Territory in India would be obliged to permit officers of
originating States of migrant labour for holding appropriate inqui-
ries within the limits of the Recepient States for enforcement of the
statute and no Recepient State shall place any embargo or hindrance
G
in such process. [391GJ
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 511 of
1988.
WITH
H
Writ Petition (Civil) No. 975 of 1988.
390
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,DAMODAR PANDA >. STATE OF ORISSA
391
(Under Article 32 of the Constitution of!ndia).
K.V. Sreekumar, (N.P.) forthe Petitioners.
V.C. Mahajan, A.K. Panda, Ms. C.K. Sucharita, and Ms. A.
Subhashini for the Respondents.
The Court delivered the following Order:
One of the matters which arises for consideration in this Writ
Petition is as to how the provisions of the inter-state Migrant Work-
men (Regulation of Employment and Conditions of Service) Act, 1979,
and particularly of section 20 thereof can be enforced. In the affiilavit
filed by the Union of India in the Ministry of Labour it has been stated
>- that in view of the scheme contained in secnon 20(3) of the Act that
officer of the Originating State can make enquiries within the Rece-
pient State provided the Recepient State agrees to such Officers of the
Originating State operating within that State, the law has not become
workable in a proper way. This is a beneficial legislation for satisfying
the provisions of the Constitution and the obligation in international
agreements to which India is a party. We do not think there can be any
valid justification for not permitting the officers of the Originating
State to hold appropriate enquiries in the Recepient State in regard to
persons of the Originating State working as migrant labour in the
Recepient State. We do not think that there is any necessity to hear the
other States before making an ordP,r for enforcing section 20(3) and to
give effect to the legislative intention contained therein.
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:Mr. Panda appearing for the State of Orissa has agreed that
Orissa State has no objection to officers of any originating State hold-
ing necessary enquiries within Orissa when it is a Recepient State. We
would, therefore, make a direction that to implement the provisions of
the Act of 1979 referred to above 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 Recepient States for enforcement of the statute and no Recepient
State shall place any embargo or hindrance in such process. Copy of
this order shall be sent to the Chief Secretary of every State and Union
Territory for compliance.
A
B
c
D
E
F
G
We are cognizant of the fact that this order has been made with-
H
392
SUPREME COURT REPORTS
[1990] 3 S.C.R.
A out hearing the States other than Orissa and the Union Territories. In
B
the event of any State or Union Territory is of the opinion that the
-f
direction should be modified, liberty is given to apply for modification
of the order but until it is modified it shall remain in force. The Writ
Petitions are disposed of with this order. No costs.
T.N.A.
Petitions disposed of.
Lex