Disposed

In Re Chopping of the Palms of two migrants v. The State of Telangana

Telangana HC8 Jul 2022PIL/358/2015

Case brief

AI extract

What is this about?

In a PIL, the Telangana HC disposed of a petition regarding migrant workers' conditions in brick kilns. The court directed the Member Secretary of the Telangana State Legal Services Authority to coordinate with agencies to implement previous suggestions aimed at ensuring minimum wages, health facilities, and safe working conditions.

What did the court decide?

The Member Secretary of Telangana State Legal Services Authority directed to coordinate with government agencies to ensure working conditions of migrant workers in brick kilns comply with statutory re

In Re Chopping of the Palms of two… — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE MRS JUSTICE SUREPALLI NANDA

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Between:

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TAKEN UP WP(P|L) NO: 3S8 OF 2015

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ln re: Chopping of the Palms of two migrants

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AND

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..PETITIONER

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T.he State of Telangana, Represented by its Chief Secretary, Secretariat, Hyderabad

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The State of Telangana, Rep. By its principal Secretary, Home Department, Secretariat, Hyderaibad

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The State of Telangana, Rep. By its principal Secretary, Revenue Department, Secretariat, Hvderabad

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The State of Telangana, Rep. by its prlncipal Secretary, Labour. Emolovment. I rarnrng and Factories Department, Secretariat. Hvderabad

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The Telangana State Legal Services Authority Rerj. bv its Member Secretary,City Civil Court Buildinqs. Hvderabad.

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The Commissioner, Labour Depa-r1ment. Hvderabad. 7. The Assistant Commissioner oi Labour, Rahqa Reddv District 8. The District Collector, Ranga Reddy Diatrict." 9.'t0 The Director General of Po-iice, Telinqana. Hvderabad. The Superintendent of Potice, Ranga Reddy District, HyderaOllir""oro.*r,

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the order of Hon'ble Supreme court of the Member secretary, Telangana state Legal services Authority, Hyderabad herein filed therewith, the High Court may be pleased to^'issue a writ, direction, order in the nature of mandamus calling for the records with respect to violations of safe guards and statutory provisions in the Telangana state relating to the working conditions of migrant workers particularly in the brick kilns and to issue appropriate directions to ensure implementation of statutory laws.

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......-..--

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Counsel for the Petitioner:

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Counsel for Respondent No. 1: GP FOR GENERAL ADMINTSTRATION

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Counsel for the Respondent Nos. 2, 9 & 10: GP FOR HOME

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Counsel for Respondent Nos. 3 & 8: GP FOR REVENUE

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Counsel for Respondent Nos.4,6 & 7: GP FOR LABOUR

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Counsel for Respondent Nos. 5: SRI J. ARUN KUMAR

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The Court made the following:

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THE HON'BLE THE CHIEF^{JUSTICEUJJALBHITYAN} AND

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THE HON'BLE MRS^{JUSTICE SUREPALLINANDA}

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Taken Up W.P^{(PIL} . No.358of2O15}

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ORDEI.: eet^{the Ilon bt. tit .'trcf hlsticeUialBtlugan)}

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This r.r,rit pctition^{''as registeredsuo motu by this} Court and treated^{as PublicInterest Litigation'}

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Subject matter^{of the writ petitionrelates to condition} of migrant^{workers u'orking in the brick kilnsof the State'} In the^{proceedingshelcl on 2l-12.2015' this Court directed}

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the respondents^{to address on tile following issues:}

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" 1. Whetl.rer thc workers^{are paid minimum wages} and ho-.i'?

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Whether it is^{possibleto deposittheir wagcsin} Rank accounts to^{be oPenedby ovmers of Brick} Kilns'?

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Whethe r owners of^{brick kilnsmakeany} arrangemcnt of^{stay of the torkers/migrant} workers?

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Whether medica-l^{facilities are being provided to} the '.'rolkers and^{thcir children etc'?"}

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3- During the^{proceeclingson 25'Ol'2Ot6'learned}

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Additional Advocate^(leneral placed^{on record survey report}

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of migrant workers working in brick kilns. It was submitted that Assistant Labour Commissioner had issued sho',r, cause notices to those brick kiln o<sup>rners u'ho had not complied with the statutory requirements. Some officers were put on job to ensure that all such workers have their bank accounts and their rvages are directly deposited into their accounts. This Court directed the Assistant Commissioner of Labour to see that all owners pay minimum wages to the workers in brick kilns.

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On 06.O4.2016, officials of State bank of India informed the Court that a circular was issued to all its brarrches laying down operating instructions for opening of small accounts by migrant workers.

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A report was submitted on the working conditions of migrant workers in the brick kilns by the Member Secretar5z of Telangana State Legal Services Authority. We have perused the contents of the report. After detailed factual narration and analysis, Member Secretar5r concluded that steps taken by the Government of

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Telangana were commendable, though,a lot more remained to be done. He thereafter made the lollowing suggestions:

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'1. The District kgal Services Authorities, Mandal Legal Services Committees in coordination with the law students, Para Lcgat Volunteers, Village Legal Aid Clinics of the concerned villages, must be directed to spread awareness arnol'rg the migrant workers and brick kiln owners about the existing labour laws, welfare schemes with the help of pamphlets, posters, brochures and through Prlnt and Elcctronic Media.

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The mlgrant rvorkers must be convinced to declare ali necessary particulzrrs before the authorities of the source State before migrating to work in other states, it will have a chcck over tl)e activities of illegal contractors and their agents a:-rd also helpful to the oflicials to track any worker in case of any mishap or difliculty faced by them.

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Most of the brick kilns are situated in thc out skirts and it is noticed that severa_l workers are using cell phones. It is necessar,v to provide Toll free helpline numbers of both the States integrating all the line departments like Medical, Hea.lth, Labour, Education, Rura.l Water Supply, ICDS and the District Suppiy Oificer, Police making them to respond to the call made by any worker.

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The ccordination between the police, Revenue and Labour department has to be improved making it easy for the Authorities to book the unlicensed

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contractors, Brick^{Kilns owncrs for statutoryr'iolations} and also to act deterrentlY.

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Though there is MoU dt.^{08.06.2012betweet.t} Odisha and erstwhile^{composite stateof Andhra Pradesh} it is necessary to make it^{more effective at the ground} level. Tl.e local^police of^{RR District wherein the brick} kilns are concentrated^{should be made aware of their} responsibility in^protecting the^{HumanRights of Migrant} Workers ensuring tJle^{implen-rentation ofrelevant} statutory provisions and labour^laws.

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Most of t].e migrant workers^{representedthat due} to lack of emploJment, lack of^{irrigation facilities at their} place, they are made to migrate to^work in^{the brick} kilns in Telangana State.^{Therefore,it is essential for the} source State to implement^{various Welfare Schemes and} NREG programs effectively at^{the ground level to serve} the real purpose.

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It is also essential to strengthen^{the sclf help} groups in the villages by financing from thc^Public Institutions. Nationalized Banks shall^{be madeto} frnance to these brick kiin^workers /^landlesspoor person by offering credit to tlem tJlereby the^traditional unlicensed money lenders thriving^{to continueto exploit} tlle poor villagers cart be^prevented.

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The District administration^{shall be directed to} conduct periodical intensive^{surveyeveryyear as it was} done during December, 2Ol4^{to February, 2015 (as an} Annexure - XV) disclosing all the details^{of Brick Kilns,}

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I I

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their owners,^{migrant workers and to sharethe data} with alt the line departments^{of both the States'}

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g. The concerned^{Labour OfficersshaJl inspect the} brick kilns^{periodicallyto see that thcre areno statutory} violalions, the officers^{shall interactwith the workers'} NGOs, trade unions^{operating in that area lt :nust be} ensured that the^{pa)Tnent of the wagesto the workers} must be made either^{in the presenceof LabourOflicer or} through the^{Bank Account to avoidany mischiefor} fraud.

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The concerned^{State officials such as ICDS' Rajiv} Vidya Mission,^{shall inspect all the brick kilns during} the working^{season toensure theservices of} Aanganwadis^{are provided and that the children areable} to attend the^{schools in accordancewith the Rightto} Education the^{schoolsin Act and they areprovidedwith} nutritious food.^{Stepsmust be taken to ensurethat no} child labourer^{is empioyedin the brick kilnsand ensure} admission of^{the children in the work site schools'}

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I 1. The brick^{kilns ownersmust be directed to} provide proper housing^{accommodationwith proper} ventilation and^{electricityand provision of sintexta-nks} for safe drinking^{water.They mustbe directedto} construct separate^{toiletsand bathing facilitiesto the} male and female^workers'

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The District^{andMedicalHea.lthOfhcermust be} directed to^{ensurethe visit of heatth visitors andANMs} to the brick kilns^{and simultaneousiy alsocnsure the}

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visit of 1O4 and 1Og services to the brick kilns as and whcn requircd.

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The District administration must be directed to provide free mid-day meal to the pregnant women and lactating mothers and supply of supplements to the children.

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The District Administration must ensure social protection to migrant brick kiln workers by extension of all government welfare schemes including Building and other Construction Workers Act. Rice and ration at subsidrzed rates under PDS system through coupons must be supplied. Immediate steps must be taken to provide purified drinking water facility as the migrant workers are iiving under unhygienic conditions.

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Dnsurc proper coordination between the officials of the source state (Odisha) ald the destination state (Telangana) for proper implementation of all the statutory measures."

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The above suggestions, in our view, if executed by the concerned authority, would go a long way in improving the working conditions of migrant workers in brick kilns.

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7 . Let the Member Secretary of Telangana State Legal Services Authority based on his suggestions coordinate with different Government agencies to ensure that working- * conditions of migrant workers in the brick kilns are in

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, I

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accordance with^{the statutoryrequirements and to}

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eliminate any kind^{of exploitation.}

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A copy of this order^{may be furnished to the Member} Secretar5r, Telangana^{State Legal ServicesAuthority.}

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g. With the above observations^{and directions,the}

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present writ petition is disposed^of.

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Miscellaneous^{applicationspending, ifany, sha-ll}

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stand closed. However,^{thereshal1be no order as to costs'}

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Sd/. T. SRINIVAS DEPUry REGISTRAR //TRUE COPY//

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e SECTION OFFICER

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To,

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'1 . The State of Telangana, Represented by its Chief Secretary, Secretariat, Hyderabad

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The State of Telangana, Rep.^{By its PrincipalSecretary'Home} Department, Secretariat, Hyderabad

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The State of Telangana,^{Rep.By its PrincipalSecretary,Revenue} Department, Secretariat, Hyderabad

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Th6 State oi Telangana, Rep. by^{its Principal Secretary,Labour,} Employment, Training and Factories^{Department, Secretariat,} Hvderabad

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The Telangana State Legal^{ServicesAuthorityRep by its Member} Secretary,City Civil Court Buildings,^Hyderabad. .

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The Conimisiioner, Labour Department,^Hyderabad.

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The Assistant Commissioner^{of Labour, Ranga Reddy District}

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B. The District Collector, Ranga^{Reddy District.}

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The Director General of Police,^{Telangana,Hyderabad.}

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The Suoerintendent of Police,^{Ranga Reddy District'Hyderabad.} 11.The Member Secretary,^{Telangana State Legal Services Authority,} Hyderabad.

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12.One CC to Sri.^J. Arun^{Kumar,Advocate} IOPUC] 13.Two CCs to GP For General^{Administration,HighCourt for the State} of Telangana. [OUT]

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14.Two CCa to GP for-Home,High^{Court for the State of Telangana.} toul-l 1 5. Two CCs to GP For Revenue,^{High Court for the State of Telangana} IOUI 16.iwo CCs to GP For Labour,^{High Court for the State of Telangana.} tourl 17.Two CD Copies.

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HIGH COURT

DATED: 0810712022

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ORDER

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TAKEN UP WP(PIL).No.358 of 2015

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Disposing of the WP(Pil) without costs.

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In Re Chopping of the Palms of two migrants v. The State of Telangana

Case brief

What is this about?

What did the court decide?

In Re Chopping of the Palms of two migrants v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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