BANDHUA MUKTI MORCHA versus UNION OF INDIA AND ORS.

BANDHUA MUKTI MORCHA versus UNION OF INDIA AND ORS.

The petition is allowed with directions that Haryana must ensure continued employment with improved conditions for approximately 2000 identified workers; those desiring to return to their native areas must be released from bondage and rehabilitated as per Government of India schemes. State must provide facilities for housing, water, schooling, medical care, minimum wages, pollution control and recreation, either directly or through special funds or cess from quarry activity. Court’s directions are binding and must be implemented forthwith.

Parties
Petitioner: Bandhua Mukti Morcha; Respondents: Union of India and Others; Respondents: Government of Haryana; Respondents: Haryana Minerals Ltd. (implied contractors)
Jurisdiction
India
Judgment Date
13 August 1991
Procedural Posture
Writ Petition (civil) / Final Order After Monitoring and Contempt Application
Outcome
Petition allowed; final directions issued for compliance and release from bondage.
Legal Topics
Bonded Labour, Minimum Wages, Rehabilitation of Workmen, State Welfare Obligations, Public Interest Litigation, Environmental Regulation
Constitutional Law Labour Law Human Rights Bonded Labour Minimum Wages Rehabilitation of Workmen State Welfare Obligations Public Interest Litigation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bandhua Mukti Morcha

Petitioner

Union of India and Others

Respondents

Government of Haryana

Respondents

Haryana Minerals Ltd. (implied contractors)

Respondents

Procedural Posture

Writ Petition (civil) / Final Order After Monitoring and Contempt Application

Legal Issues

  1. 1 Whether the directions issued by the Supreme Court in (1984) 3 SCC 161 regarding elimination of bonded labour in Haryana quarries have been implemented.
  2. 2 Whether the workmen are still subjected to bonded labour and deprived of statutory and constitutional entitlements.
  3. 3 Whether the failure of State authorities amounts to contempt or warrants further monitoring.

Ratio Decidendi

The petition is allowed with directions that Haryana must ensure continued employment with improved conditions for approximately 2000 identified workers; those desiring to return to their native areas must be released from bondage and rehabilitated as per Government of India schemes. State must provide facilities for housing, water, schooling, medical care, minimum wages, pollution control and recreation, either directly or through special funds or cess from quarry activity. Court’s directions are binding and must be implemented forthwith.

Court Disposition

Petition allowed; final directions issued for compliance and release from bondage.

Orders

  • State of Haryana to ensure about 2000 identified workers have improved service conditions and facilities.
  • Workers wishing to return to native areas to be released from bondage and rehabilitated as per Government of India scheme.