LABOURERS WORKING ON SALAL HYDRO-PROJECT versus STATE OF JAMMU & KASHMIR AND OTHERS

Citation: [1983] 2 S.C.R. 473 · Decided: 02-03-1983 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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473 
LABOURERS WORKING ON SALAL HYDRO-PROJECT 
v. 
STATE OF JAMMU & KASHMIR AND OTHERS 
March 2, 1983 
[P. N. BBAGWATI, R. S. PATHAK AND AMAllENDRA NATH SEN, JJ.) 
Labour Laws-Benefits and facilitie1 provided for workmen.under Inter-State 
Migrant Workmen (Regulation of Employment and Conditions of Service)Act,1979; 
Contract, Labour (Regulation and Abolition) Act, 1970; Minimum Wages Act, 
.1948-Prohibition of child labour in construction work 
under Art. 24 of 
Constitution-Implementation of. 
On the basis of a news item that migrant workmen employed in the 
Salal Hydro Electric Project were being denied the benefits of various Jabour 
laws, the Peoples' Union for Democratic Rights addressed a letter to an Hon'ble 
Judge of the Court requesting that the same be treated as a writ Petition and 
justice be done to the workmen. The request was acceded to and in comp· 
liance with a direction made. the Labour Commissioner, Jammu. visited the 
site of the project, ascertained the position and submitted two reports which 
·disclosed inter alia that the project was being carried out by the Government 
of India. The petition was heard on the basis of the reports made and the 
affidavits in reply filed by the Unioti. of India pursuant to the directions made 
in that behalf . 
The National Hydro Electric Power Corporation which had bean entrus-
ted With the e:i1:ecution of the work relating to the project was carrying out 
certain portions of the work through workmen directly employed by it and- bad 
entrusted the remaining portions to several contractors. The contractors, in their 
turn. were doing a part of the work given to them through workmen directly 
employed by them while the remaining part had b;een allotted by them to sub-
contractors. The Cont_ract Labour (Regulation and Abolition) Act; 1970 being 
applicable 10 the e!tablishments pertaining to the project work, the Executive Engi-
neers of the National Hydro Electric Power Coroorati~n having supervision and 
control over the rtspective establiShments were registered as principal emplo-
yers and the contractors to whom different portions of the work were- entrusted 
for execution were licensed by the licensing officers appointed by the Central 
Government but the sub-contractors did not hold any licence. 
The sub-con-
tractors were being catled1'piece-wagers' with a view to circumvent the pro-
visions of the Act. 
The workmen employed on the project were mostly drawn from other states. 
There ""' no uniform pattern of employment but so far as Oriya workmen -
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474 
SUPl\BMB COUR1' REPORTS 
[1983] 2 s.c.R. 
concerned they were usually ·recruited by khatedars from their villages in Orissa 
and given advances before being taken to the project sitf'. Some Bihari work-
men were also found to have received such advances. 
The contractors and 
"piece-wagers' had not provided rest rooms, canteens and washing facilities to 
the workmen employed by them. The "piece-wagers' were making payments 
to workmen like Oriya labourers who were employed in groups, through khatedars 
and there were complaints of deductions on account of advances' made 
to them, messing charges, etc., althomgh the muster rolls did not reflect the 
deductions. PaymeD.ts of wages made by "piece-wagers" were not beirig supervised 
by any authorised representative of the principal employers or of the Central 
Government and almost fifty per cent of over-time wages earned by workmen 
was being taken away by khatedars. The provisions of the Inter-State Migrant 
Workmen· (Regulation of Employment and Conditions of Service) Act, 1979 
conferring benefits and advantages on v11orkmen were not being implemented. 
No-weekly off daY was being allowed in respect of ·workmen employed by 
'piece-wagers. 
Some minors were also found employed on the project site. 
The minimum wage fixed for workmen employed on the project was found to 
be a rupee less than that fixed by the State Government for workmen employed 
in the construction industry. 
Allowing tho petition, 
HELD: The Inter-State Migran.t Workmen 
(Regulation of Employ-
ment and Conditions ot Service) Act, 1979 was enacted with a view to elimina-
ting 8buses to whiCh workmen recruited from one State and taken for work to 
another State were subjected by the contractors, 1ardars or khatedars recrui_ting 
them. The Act and the rules framed thereunder came into force with eff~ct 
'from October 2, 1980 an

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