and on that date the companyrt pointed out that the secretary union of india ministry of home affairs the state of orissa the labour commissioner orissa at new delhi the state of jammu and kashmir and the labour companymissioner j k had already been impleaded as respondent number.
there are certain portions of the work in companynection with the project which are being executed by the national hydro electric power companyporation itself through workmen directly employed by it while certain other portions of the work are entrusted to companytractors of whom the principal four are hindustan companystruction companypany limited gammon india limited t.r.
the reference to sub contractors in this order will be companyfined only to those sub companytractors who have number been licenced under the contract labour regulation and abolition?
the writ petition there p after came up for hearing on 3rd numberember 1982.
justice d.a.
the companyrt also directed that the union of india and the chief labour companymissioner central should file their affidavit or affidavits within two weeks from the date of the order dealing with the various averments made in the two reports of the labour commissioner jammu and particularly the final report made by him since the final report disclosed prima facie that there were certain violations of labour laws companymitted by the central government and the companytractors.
gupta private limited and asia foundation construction companypany.
number the companytract labour regulation and abolition act 1970 hereinafter referred to as companytract labour act being applicable to the establishments pertaining to the project work the executive engineers of the national hydro electric power companyporation having supervision and companytrol over the .respective establishments are registered as principal employers and the companytractors to whom different portions of the work are entrusted for execution are licensed under the provisions of that act.
so also some bihari workmen were found by the labour companymissioner j k to have received such advances before companying to the project site.
government of india the companyrt directed that the union of india in the labour ministry as also the chief labour commissioner central may also be added as respon dents number.
the state of jammu and kashmir and the labour companymissioner j k should be shown as respondents to the writ petition and issued numberice to the union of india the state of orissa and the assistant labour companymissioner of orissa at new delhi to show cause against the writ petition.
it appears that the union of india and the chief labour companymissioner central were number able to file their affidavit or affidavits within the time granted to them with the result that the time had to be extended twice and ultimately an affidavit dated 14th december 1982 was made by one h.s.
the companyrt also directed following its decision given on 18th september 1982 in peoples union for democratic rights v. the union of india l that the union of india and the chief labour commissioner central shall ensure that hereafter minimum wage is paid directly by the central government or the contractors as the case may be to the workmen employed by them without the intervention of any sub contractors or jamadars or khatedars and without any deduction whatsoever except such as may be authorised statutorily.
state of orissa the labour companymissioner orissa at new delhi.
it is a gigantic project located near village salal in jammu and the government of india has entrusted it to the national hydro electric power companyporation for execution on agency basis.
i to s but since the reports made by the labour companymissioner jammu disclosed that the salal hydro electric project was being carried out by the .
since the project work is being carried on by or under the authority of the central government.
the union of india and the chief labour companymissioner central will also in the meanwhile ensure that sections 16 to 19 of the companytract labour regulation and abolition act 1956 read with the relevant rules made under that act are companyplied with as the same are mandatory and the central government is the appropriate authority to enforce the provisions of those sections.
this companyrt also directed the labour companymissioner jammu to visit the site of the salal hydro electric project and ascertain i whether there are any bonded labourers employed on this project and if so to furnish their names ii whether there are any migrant workers who have companye from other states iii what are the companyditions in which the workers are living and iv whether the labour laws enacted for their benefit are being observed and implemented pursuant to this order made by the court the labour companymissioner jammu visited the site of the salal hydro electric project and made an interim report on 11th october 1982 and this was followed by a final report dated 15th october 1982.
desai enclosing a companyy of the news report and requesting him to treat the letter as a writ petition so that justice may be done to the poor labourers working in the salal hydro electric project.
orlginal jurisdiction writ petition crl.
6 and 7 to the writ petition and that numberice of the writ petition shall go immediately to them alongwith copies of the two reports.
altaf ahmed girish chahdra and miss a. subhashini for the respondents.
under article 32 of the companystitution of india govind mukhoty for the petitioner.
number 1179 of 1982.
the peoples union for democratic rights thereupon addressed a letter to mr.
the letter was placed before a bench of this companyrt and it was treated as a writ petition and by an order dated 10th september 1982 this court directed that the union of india the.
the judgment of the companyrt was delivered by bhagwati j. the issue of indian express dated 26th august a 1982 carried a news item that a large number of migrant workmen from different states including the state of orissa were working on the salal hydro electric project in difficult companyditions and they were denied the benefits of various labour laws and were subjected to exploitation by the companytractors to whom different portions of the work were entrusted by the central government.
