Labour Laws-Benefits and facilities provided for workmen under Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; Contract, Labour (Regulation and Abolition) Act, 1970; Minimum Wages Act, 1948-Prohibition of child labour in construction work under Art. 24 of Constitution-Implementation of.

On the basis of a news item that migrant workmen employed in the Salal Hydro Electric Project were being denied the benefits of various labour laws, the Peoples' Union for Democratic Rights addressed a letter to an Hon'ble Judge of the Court requesting that the same be treated as a writ Petition and justice be done to the workmen. The request was acceded to and in compliance with a direction made, the Labour Commissioner, Jammu, visited the site of the project, ascertained the position and submitted two reports which disclosed inter alia that the project was being carried out by the Government of India. The petition was heard on the basis of the reports made and the affidavits in reply filed by the Union of India pursuant to the directions made in that behalf.

The National Hydro Electric Power Corporation which had bean entrusted with the execution of the work relating to the project was carrying out certain portions of the work through workmen directly employed by it and had entrusted the remaining portions to several contractors. The contractors, in their turn, were doing a part of the work given to them through workmen directly employed by them while the remaining part had been allotted by them to sub- contractors, The Contract Labour (Regulation and Abolition) Act, 1970 being applicable to the establishments pertaining to the project work, the Executive Engineers of the National Hydro Electric Power Corporation having supervision and control over the respective establishments were registered as principal employers and the contractors to whom different portions of the work were entrusted for execution were licensed by the licensing officers appointed by the Central Government but the sub-contractors did not hold any licence. The sub-con- tractors were being called 'piece-wagers' with a view to circumvent the pro- visions of the Act.

The workmen employed on the project wore mostly drawn from other states. There was no uniform pattern of employment but so far as Oriya workmen were  concerned they were usually recruited by khatedars from their villages in Orissa and given advances before being taken to the project site. Some Bihari work- men were also found to have received such advances. The contractors and 'piece-wagers' had not provided rest rooms, canteens and washing facilities to the workmen employed by them. The 'piece-wagers' were making payments to workmen like Oriya labourers who were employed in groups, through khatedars and there were complaints of deductions on account of advances made to them, messing charges, etc., although the muster rolls did not reflect the deductions. Payments of wages made by 'piece-wagers' were not being supervised by any authorised representative of the principal employers or of the Central Government and almost fifty per cent of over-time wages earned by workmen was being taken away by khatedars. The provisions of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 conferring benefits and advantages on workmen were not being implemented. No weekly off day was being allowed in respect of workmen employed by 'piece-wagers. Some minors were also found employed on the project site. The minimum wage fixed for workmen employed on the project was found to be a rupee less than that fixed by the State Government for workmen employed in the construction industry.