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BANDHUA MUKTI MORCHA vs. UNION OF INDIA & OTHERS

SCR Citation: [1984] 2 S.C.R. 67
Year/Volume: 1984/ Volume 2
Date of Judgment: 16 December 1983
Petitioner: BANDHUA MUKTI MORCHA
Disposal Nature: Petitions Allowed
Neutral Citation: 1983 INSC 203
Judgment Delivered by: Hon'ble Mr. Justice P.N. Bhagwati
Respondent: UNION OF INDIA & OTHERS
Case Type: WRIT PETITION (CIVIL) /2135/1982
Order/Judgment: Judgment
1. Headnote

Constitution of India - Article 32(1) - Mode of interpreting Article 32 - 'Appropriate proceedings", meaning of -Letter addressed by a party on behalf of persons belonging to socially and economically weaker sections complaining of violation of their rights uner various social welfare legislation - Whether can be treated as a writ petition - Mainatainability of - Public Interest Litigation - Nature and scope of. 

Constitution of India, Article 32 (2) - Appointment of commission by the Supreme Court to emquire into the complaint made in writ petitions and relying upon the commissioner's report - Propriety of - Adverserial procedure - How far binding on the Court - Supreme Court, Rules, 1966, O XXXXV. XLVI and XLVII, Rule 6 - Code of Civil Procedure O. XXVI.

Mines Act 1952 - Sections 2(j),  (jj), (kk), 3(1) (b) proviso 18 Chapters V, VI &. Vil-Meaning of the word ''mine"--Whether stone quarries are mines-Whether workers of the stone quarries and crushers entitled to the benefits accruing under the Act-Responsibility of the mine lessees, mine owners, Central Government and the State Governments for ensuring the benefits accruing under the Act, explained-Mines Rules 1955, Rules 30-32 Punjab Minor Mineral Concession Rules, 1964.

Inter-State Migrant Workemen  (Regulation of Employment and Conditions of Service) Act. 1979-ss.2 (1) (e), (b), (g), 4, 8, 12 and Chapter V-Inter·State Migrant Workmen (Regulation of Employment aird Conditions of Service) Central Rules, : 1980-Rules 23, 25-45-Definition of inter-state migrant workmen-Rights and benefits of inter-state mlgrant workmen explained - Thekedars or Jamadars recruitlng workers for mine lessees/owners from outside the State are "contractors"- Contract Labour (Regulation and Abolition) Act, 1970-:-ss. 2 (/)(a), (b), (c) (g), 16 to 21.

Bonded Labour System (Abolition) Act, 1976-ss.2 (f), (g), 4, 5, 10-15 - Existence of Forced Labour-Whether bonded labour - Burden of proof lies upon the employer that the labourer is not a bonded labourer-Court will be justified in pressuming that the labourer ls a bonded labourer unless the presumption is rebutted by producing satisfactory material.

Minimum Wages Act, Workmen' Compensation Act, 1983 - Payment of Wages Act, Employees State Insurance Act, Employees Provident Fund and Miscellaneous Provisions Act, Maternity Benefits Act, 1957-Benefits accruing under these Acts - Whether available to mine workers.

2. Case referred
3. Act
  • Constitution Of India
  • Code of Civil Procedure, 1908 (5 of 1908)
  • Mines Act, 1952 (35 of 1952)
  • Inter-state Migrant Workmen (Regulations Of Employment And Conditions Of Service) Act, 1979 (30 of 1979)
  • Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970)
  • Minimum Wages Act, 1948 (11 of 1948)
  • EMPLOYEE’S COMPENSATION ACT, 1923 (8 of 1923)
  • Payment of Wages Act, 1936 (4 of 1936)
  • Employees` State Insurance Act, 1948 (34 of 1948)
  • Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952)
  • Maternity Benefit Act, 1961 (53 of 1961)
4. Keyword
  • Constitution of India Article 32 (1)
5. Equivalent citation
    Citation(s) 1984 AIR 802 = 1984 (3) SCC 161 = 1984 (3) Suppl. SCC 161 = 1983 (2) SCALE 1151