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CITATION:
1984 AIR 802 1984 SCR (2) 67
1984 SCC (3) 161 1983 SCALE (2)1151
CITATOR INFO :
R 1984 SC1099 (3)
RF 1986 SC 847 (30)
RF 1987 SC 990 (16)
R 1987 SC1086 (3,4,5,6,7)
R 1988 SC1863 (3,9,10)
F 1989 SC 549 (15)
RF 1989 SC 653 (12)
F 1990 SC2060 (3)
F 1991 SC 101 (35)
RF 1991 SC 420 (7)
RF 1991 SC1117 (7)
RF 1991 SC1420 (25)
RF 1992 SC 38 (4)
RF 1992 SC1858 (11)
ACT:
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 violation of their rights under various social
welfare legislations-Whether can be treated as a writ
petition-Maintainability of-Public Interest Litigation-
Nature and scope of.
Constitution of India, Article 32 (2)-Appointment of
commissions by the Supreme Court to enquire into the
complaint made in the writ petition and relying upon the
commissioners' report-Propriety of-Adversarial Procedure-How
far binding on the Court-Supreme Court Rules, 1966, O, XXXV,
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 & VII-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, Rules 30-32-Punjab Minor Mineral
Concession Rules, 1964.
Inter-State Migrant Workmen (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 and Conditions of Service) Central Rules,
1980-Rules 23, 25-45-Definition of inter-state migrant
workmen-Rights and benefits of inter-state migrant workmen
explained-Thekedars or Jamadars recruiting workers for mine
lessees/owners from outside the State are "contractors"-
Contract Labour (Regulation and Abolition) Act, 1970-ss. 2
(1) (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
presuming that the labourer is a bonded labourer unless the
presumption is rebutted by producing satisfactory material.
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
presuming that the labourer is a bonded labourer unless the
presumption is rebutted by producing satisfactory material.
Minimum Wages Act, Workmen's 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.