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

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

The Inter-State Migrant Workmen Act, 1979 and the Contract Labour (Regulation and Abolition) Act, 1970 are applicable to the Salal Hydro Project; sub-contractors must be licensed and provide statutory welfare facilities; wages must be paid directly to workers without unauthorized deductions and in the presence of an...

Source-derived case information.

Parties
Petitioner: Labourers Working on Salal Hydro-Project; Respondent: State of Jammu & Kashmir and Others
Jurisdiction
India
Judgment Date
02 March 1983
Procedural Posture
Writ Petition (criminal) No. 1179 of 1982 Under Article 32 of the Constitution of India / Final Disposition After Hearing
Outcome
Petition allowed
Legal Topics
Inter State Migrant Workmen (regulation of Employment and Conditions of Service) Act, 1979, Contract Labour (regulation and Abolition) Act, 1970, Minimum Wages Act, 1948, Bonded Labour, Prohibition of Child Labour Under Article 24 of the Constitution
Labour Law Constitutional Law Inter State Migrant Workmen (regulation of Employment and Conditions of Service) Act, 1979 Contract Labour (regulation and Abolition) Act, 1970 Minimum Wages Act, 1948 Bonded Labour Prohibition of Child Labour Under Article 24 of the Constitution

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Parties

Labourers Working on Salal Hydro-Project

Petitioner

State of Jammu & Kashmir and Others

Respondent

Procedural Posture

Writ Petition (criminal) No. 1179 of 1982 Under Article 32 of the Constitution of India / Final Disposition After Hearing

Legal Issues

  1. 1 Whether labour laws, including the Inter-State Migrant Workmen Act, Contract Labour Act, Minimum Wages Act, and Article 24, were being implemented for workers on the Salal Hydro Electric Project
  2. 2 Whether sub-contractors must be licensed under the Contract Labour Act and comply with provisions related to health, welfare, and payment of wages
  3. 3 Whether children below 14 are being employed in hazardous construction work in contravention of Article 24

Ratio Decidendi

The Inter-State Migrant Workmen Act, 1979 and the Contract Labour (Regulation and Abolition) Act, 1970 are applicable to the Salal Hydro Project; sub-contractors must be licensed and provide statutory welfare facilities; wages must be paid directly to workers without unauthorized deductions and in the presence of an authorised government representative; children below 14 must not be employed in construction work; and the Central Government must remedy violations by immediate enforcement, frequent inspections, and regular reporting to the Court.

Court Disposition

Petition allowed

Orders

  • Central Government to immediately identify and ensure benefits of the Inter-State Migrant Workmen Act, 1979 to all applicable workers on the project.
  • Central Government to ensure sub-contractors obtain required licenses and comply with statutory welfare obligations under the Contract Labour Act.