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Gaurav JaIn Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC3021; 1997(2)ALD(Cri)199; 1998(3)ALLMR(SC)433; 1997(2)Crimes40(SC); JT1997(6)SC305; 1997(4)SCALE657; (1997)8SCC114; [1997]Supp2SCR105

..... state of bihar : 1987(1)scale679 in a public interest litigation, this court obtained a report of the committee appointed by the court, accepted the report and gave directions to release and rehabilitate the bonded labours identified by the committee and to implement the committee's recommendations, as far as possible, were issued to the state government. ..... union of india : [1984]2scr67 the writ petition under article 32 was filed to release bonded labourers in the country by way of letter addressed to this court. ..... the state governments were directed to carry out the statutory obligations under the bonded labour system act, 1976.50. ..... in that behalf, this court had taken assistance of the parties, got the evidence collected and then issued appropriate directions for release of the bonded labour. ..... article 23 prohibits traffic in human beings and forced labour and makes it punishable under suppression of immoral traffic in women and girls act, 1956 which is renamed in 1990 as the immoral traffic (prohibition) act (for short, the 'itp act') ..... directions were issued to the labour commissioner (center) to enquire into and submit a report; the central government was also directed to file their ..... they are primarily agricultural labourers having no access to credit facilities or ..... it directed the commissioner labour (central) to investigate into and collect the evidence and submit the report to the court, as dealt with at pages 189-90 (of scc): (at ..... in labourers working on salal hydro project .....

Civil Writ Petition No. 10629 of 2002 Vs. State of Punjab and Others

Court : Punjab and Haryana

..... the commission directed the additional director general of police, punjab to submit a report regarding the matter who opined against the complainants that they were not bonded labourers but the dispute really was one of non-refund of loan/settlement of account, in which the panchayat had played an active role in seeking amicable resolution of the dispute. ..... he submits that the petitioner and his organization are in receipt of foreign funds with the objective of curtailing the practice of bonded labourer stated to be prevailing in the state of punjab.7. ..... present proceedings under article 226 of the constitution of india, the issue involved is as to whether the state human right commission of punjab failed to exercise its jurisdiction in terms of the impugned order dated 22.06.2000 in case of alleged bonded labourers.2. ..... moru ram and bhup singh are brothers and approached the commission making a grievance that they had been working as labourers for three years with om parkash and ram kumar, respectively. ..... jai singh, chairperson, people s vigilance committee on bonded, child and migrant labour. ..... no doubt, the persons, who are bonded labouers, may not be in a position to take out legal proceedings themselves and that is why enquiry can be made and petitions entertained even by other persons who may be acting for their benefit. .....

Gauri Shankar Vs. State of Haryana and Others

Court : Punjab and Haryana

..... district magistrate and every officer specified by him under section 10 to inquire whether, after the commencement of this act, any bonded labour system or any other form of forced labour is being enforced by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a result of such inquiry, any person is found to be enforcing the bonded labour system or any other system of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced ..... learned counsel for the petitioner contends that 37 persons, names of whom have been mentioned in the representation given to deputy commissioner, district jhajjar (annexure p-1).are kept as bonded labour by respondents no.4 to 6. .....

Rohit Vasavacia Vs. the General Manager, Indian Farmers Fertilizers Co ...

Court : Gujarat

Reported in : AIR1984Guj102; (1983)2GLR1529

..... authorised by him and the result of such inspection should be assessed, particularly with a view to see whether the inspecting staff has been efficient in its functioning.1 (5) we must in this context alert the labour commissioner to the elaborate provisions in the act and the rules w1i;ch have been dealt with herein to bring to his notice that if compliance with these rules are made by all licenced contractors, !here would ..... the same, sophisticated forms of such bonded labour persist and thrive in many pockets. ..... exercising our power to release some of the workmen who were virtually bonded labourer. ..... bonded labour in its primitive ..... have already indicated that economic compulsions may persuade workmen to work under conditions entirely different from these envisaged in the labour laws and the mere fact that they are working not under any apparent physical restraint does not render the work ..... we took notice of it because the statements therein indicated that the case was that the workers working under contract labour were coerced to do the work of handling urea manually without adequate safeguards in the premises of the indian farmers fertilizers ..... of the constitution and the scope of article 23 have been examined on recent cases by the supreme court and the following principles have become well settled:(1) article 21 strikes at 'forced labour' in whatever form it may manifest itself because it is violation of human dignity and contrary to basic values(2) even if remuneration is paid. .....

Ram Dass Vs. State of Punjab and Others

Court : Punjab and Haryana

..... district magistrate and every officer specified by him under section 10 to inquire whether, after the commencement of this act, any bonded labour system or any other form of forced labour is being enforced by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a result of such inquiry, any person is found to be enforcing the bonded labour system or any other system of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced ..... learned counsel for the petitioner contends that 23 persons, names of whom have been mentioned in para no.4 of the petition, are kept as bonded labour by respondents no.5 to 7. .....

Food Corporation of India and ors. Vs. Nellore District Fic Godowns, W ...

Court : Andhra Pradesh

Reported in : 2003(5)ALD172; 2003(5)ALT194; IV(2004)BC548

..... acceptance of such quotations was held to result in exploitation of labourers and encouragement of unfair labour practice and the corporation was held guilty of practising and encouraging a system akin to bonded labour prohibited under the bonded labour system (abolition) act, 1976 by taking undue advantage of the unfair competition between the two societies and granting contract on the basis of unconscionable bargains and at an unthinkable low and ..... guilty of encouraging bonded labour. ..... 4 below schedule of rates an undertaking was obtained which sufficiently safeguard the interests of the members of the 4th respondent society in the matter of payment of labour charges in accordance with statutory obligations and in such like situation when all safeguards were taken by the corporation in pursuance of the observations made in the earlier litigation there ..... learned single judge also noticed the stand of the 4th respondent that prices offered by them was workable as also that labourers would be paid all wages payable under the minimum wages act and would comply with all other statutory benefits admissible to its workers as also the statistics provided ..... of the parties, more particularly, the stand taken by the respondents corporation that clause vii(c) of the terms and conditions of contract requires the contractor to comply with all labour regulations/enactments made by state government/central government from time to time in regard to payment of wages to workers, wage period etc. .....

Shree Yogkshem Foundation for Human Dignity Vs. State of Gujarat and O ...

Court : Gujarat

..... the writ-petitioner further contended that the bonded labour system [abolition] act, 1976 having prohibited bonded-labour-system and in cases where the private employers are found to be exploiting and engaging the bonded laboures, the said act casts a duty upon the state to find out the bonded-labourers, which is unlawful, arbitrary, mala fide and violative of articles 13, 14, 16 and 23 of the constitution of india; but the state as an employer is acting contrary to the said principles. ..... in the above context, the supreme court set aside not only the judgment of the high court, but also of the labour court by holding that if the court or tribunal directs that a daily rated or ad hoc or casual employee should be continued in service till the date of superannuation, it is impliedly regularizing such an employee, which cannot be done as held by the supreme ..... [supra], the supreme court was considering an appeal preferred against an order passed by the uttaranchal high court in a writ-application by which the high court modified the award of the labour court, u.p. .....

Mohammed Harfath and Another Vs. State

Court : Karnataka

..... 2 under section 439 of cr.p.c seeking their release on bail, for the offences punishable under sections 370(5), 370(a), 374, 344 of ipc and under section 26 and 23 of the juvenile justice act and under section 14 of child labour (prohibition and regulation) act and under section 16, 17 and 18 of bonded labour system (abolition) act, 1976 and right to education act, registered in respondent police station crime no. ..... , bangalore city, which is registered for the offence p/u/s 370(5),370(a),374,344 of ipc and u/s 26,23 of juvenile justice act and u/s 14 of child labour (prohibition and regulation) act, 1986 and u/s 16,17,18 of bonded labour system (abolition) act, 1976 and right to education act.) 1. ..... they were not provided with the basic facilities and they were not sent to the school for study and petitioners treated them like bonded labours. ..... the stay of the said boys and no proper food is supplied to them, the petitioners are extracting the work from the boys from morning till late night and the boys are working like a bonded labours. .....

Sathya at Uma at Deivanai at Yasodha Vs. the State Rep by Deputy Super ...

Court : Chennai

..... to this, the petitioner has given an explanation that she was sold as a bonded labour in a stone quarry and she was rescued from the quarry. ..... countering the statement , the learned counsel for the petitioner submitted that due to poverty, she was working as bonded labour in a stone quarry and she was rescued by the police.14. ..... she was sold as a bonded labour and could not attend the court and when she was rescued she was not given an opportunity to explain the absence but was again remanded to judicial custody without any reason and from 29.4. ..... due to poverty, she could not survive in her village and some middleman prevailed over her and she was taken to a stone quarry as a labour and later she came to know that she was sold as a bonded labour.7. ..... in the result the appeal is allowed and the petitioner is ordered to be released on bail on her executing an own bond for a sum of rs.1,000/-(rupees one thousand only) to the satisfaction of the designated court, with a condition to report to the designated court at 10.30 a.m on the first working day of every month and also in all the hearing dates .....

Kuldeep Vs. State of Haryana and Others

Court : Punjab and Haryana

..... (o&m) -2- report of the said committee was produced which is reproduced as under :- as per instructions the committee constituted under bonded labour act, the chairmanship of sub divisional magistrate, ratia, consisting dsp ratia, sho ratia, sh. ..... of the case and keeping in view the life and liberty of the above said persons, this court vide order dated 17.01.2013, directed the deputy commissioner, fatehabad to constitute a committee in accordance with rule 12 of the bonded labour system (abolition) act, 1976 and report of the said committee was called for. ..... rakesh kumar (nittu).brick-kiln owner sh.narender kumar (gora).there is no bonded labour and complaint/writ seems to be false and baseless. ..... (o&m) -4- consisting of sho, p.s.ratia, d.s.p, ratia, sub divisional magistrate, ratia, labour inspector-2, sirsa, labour inspector-3, sirs. ..... jawajar lal, labour inspector-3 and smt.kamlesh labour inspector-2, sirsa, visited the brick-kiln m/s lok sewak b.k.o village rattangarh tehsil ratia district fatehabad (pawan is marked on bricks and the brick kiln is situated near village bhunderwas on dated 25.01.2013. ..... the workers were asked jointly and individually regarding any difficulty at work to them none of them reported regarding any type of problem or any forced labour. .....