M.C. MEHTA versus STATE OF TAMIL NADU AND ORS.

Citation: [1990] SUPP. 2 S.C.R. 518 · Decided: 31-10-1990 · Supreme Court of India · Bench: RANGANATH MISRA, M.H. KANIA · Disposal: Disposed off

Judgment (excerpt)

A 
M.C. MEHTA 
v. 
STATE OF TAMIL NADU AND ORS. 
OCTOBER 31, 1990 
B 
[RANGANATH MISRA, CJ. AND M.H. KANIA, J.] 
c 
D 
Constitution of India: Articles 39(f) & 45: Children employees of 
match factories of Sivakasi-Safety and well being of-Directions 
regarding. 
In terms of Article 39(1) of the Constitution childhood and youth 
are to be protected against exploitation and given facilities to develop in 
a healthy manner. In terms of Article 45 they are meant to be subjected 
to free and compulsory education until they complete the age of 14 
years. Economic necessity, however, forces grown up children to seek 
employment. 
The petitioner assailed the employment of children in match 
factories in the respondent State by way of public interest litigation. 
The manufacturing process in such factories is hazantous one so much 
so that almost every year, notwithstanding improved techniques and 
special care taken accide11ts including fatal cases occur. Working condi-
E 
tions involve health hazards too. 
Disposing of the writ petition, the Court,. 
HELD: I. Employment of children within the match factories 
directly connected with the manufacturing process upto final produc-
F 
tion of match sticks or fireworks should not at all be permitted. They 
can, however, be employed in the process of packing which should be 
done in an area away from the place of manufacture to avoid exposure 
to accident. [5200-G] 
2. They should be given at least 60 per cent of the prescribed 
G 
minimum wage for an adult employee in the factories doing the same 
job. [521A] 
3. Under the Factories Act, there is a statutory requirement for' 
providing facilities for recreation and medical attention. The respon-
dent State is directed to enforce these two aspects so that the basic 
H 
requirements are atl!lnded to. Attention mliy also be given to ensure 
518 
.. 
M.C. MEHTA v. STATE OF TAMIL 
519 
provision of a basic diet t" these children during the working period 
with a view to ensuring sound physical growth. Facilities for general 
education as also job oriented education should be made a•ailable to 
them and the school time should be so adjusted that employment is not 
affected. [521G-H] 
4. The State shall take appropriate steps in the matter of creating 
the welfare fund and rmalising the method of contribution and collec-
tion thereof by 1st January, 1991 so that the consolidated money would 
be available for implementing welfare schemes. [521E·F] 
5. The State shall also ensure that every employee working in 
these match factories is compulsorily insured for a sum of Rs.S0,000. 
The premium for the insurance policy should be the liability of the 
employer to meet as a condition of service. [522A·B] 
6. A committee consisting of the District Judge of the area, the 
District Magistrate of the District, a public activist operating in the 
area, a representative of the employees and local labour officer to over-
see all the directions of the Conrt. [522D] 
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 465 of 
1986. 
(Under Article 32 of the Constitution of India) 
Petioner in person. 
V. Krishnamurthy for the Respondents. 
A 
B 
c 
D 
E 
The following Order of the Court was delivered: 
F 
This petition under Article 32 of the Constitution has been 
brought before·this Court by way of a Public Interest Litigation and is 
connected 1;ith the problem of employment of children in Match 
factories of Sivakasi in Kamaraj District of Tamil Nadu State. On 
notice the State has filed its return. 
G 
Sivakasi has been the traditional centre for manufacture of 
match boxes and fire works for almost the whole country and a part of 
its output is even exported. From the affidavit of the State it appears 
that as on December 31, 1985, there were 221 registered match 
factories in the area employing 27338 workmen of whom 2941 were 
H 
A 
B 
c 
D 
520 
SUPREME COURT REPORTS 
[1990) Supp. 2 S.C.R. 
children. We would have been happy to have updated particulars but 
for disposal of this case total figure and the proportion between adult 
workmen and children perhaps may be taken as the foundation. 
The manufacturing process of mathces and fireworks is hazard-
ous one. Judicial notice can be taken of the fact that almost every year, 
notwithstanding improved techniques and special care taken, acci-
d~nts including fatal cases occur. Working conditions in the match 
lactorics are such that they involve health hazards in ·nonnal courn: and 
apart from the sp

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