Gujarat High Court
Suo Motu vs State Of Gujarat on 1 May, 2020
Author: Vikram Nath
Bench: Vikram Nath, Ashutosh J. Shastri
C/WPPIL/42/2020 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/WRITPETITION(PIL) NO. 42 of 2020
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SUOMOTU Versus STATEOF GUJARAT& 2 other(s) ========================================================== Appearance:
SUO MOTU(25) for the Applicant(s) No. 1SHRI KAMAL TRIVEDI, LEARNED ADVOCATE GENERAL ASSISTED BY MS MANISHA LAVKUMAR SHAH, LEARNED GOVERNMENT PLEADER AND SHRI MITESH AMIN, LEARNED PUBLIC PROSECUTOR for the Opponent(s) No. 1,2,3 ========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH and HONOURABLE MR.JUSTICE ASHUTOSH J. SHASTRI Date: 01/05/2020 ORALORDER (PER: HONOURABLETHECHIEFJUSTICEMR. VIKRAMNATH)
1. We have heard Shri Kamal Trivedi, learned Advocate General, Ms.Manisha Lavkumar Shah, learned Government Pleader, Shri Mitesh Amin, learned Public Prosecutor and Shri Devang Vyas, learned Assistant Solicitor General of India.
2. The State has submitted the Action Taken Report in detail which is being made part of this order and the same is reproduced below :
"The present Report is being submitted in the captioned proceedings on behalf of the Respondent State pursuant to a common order dated 17.04.2020 passed in the captioned and other cognate proceedings, in respect of actions taken, more Page 1 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER particularly with reference to the grievances voiced in a note referred to in para 15 of the said order as well as actions taken in other areas.
I.Re: Sugarcane migrant workers known as 'koita':
(I) Each of the 7 sugar factories located in different districts of the State was approached by the District Authorities to take a stock of the information as regards - (a) whether crushing work of sugarcane is continuing or finished;
(b) how many workers already went back to their native places; (c) how many workers are still in the State, who could not go back their native places; and (d) compilation of the said information factory / village-wise.
(ii) It has been ensured that all the sugarcane migrant workers staying in different clusters and more particularly in the districts of Bharuch, Surat, Valsad and Navsari are regularly provided -
(a) Shelter; (b) Ration - Kit containing spices, serials, rice and oil; (c) Cooked food of proper quality and sufficient quantity, and (d) Payment of wages.
(iii) For carrying out the aforesaid activities, the authorities have roped in various NGOs, self-funded groups, volunteer groups and farmer groups and a proper distribution network is created in co-ordination with - (a) District Authorities; and
(b) Sugar Factory Employers.
(iv) Area-wise hospitals have been roped in like - (a) Sanjivni Hospital for Chalthan Sugar Factory areas; (b) Jeevan Raksha Hospital for Sayan Sugar Factory areas; (c) Dinbandhu Hospital for Kamrej Sugar Factory areas; (d) Sardar Smarak Hospital for Bardoli Sugar Factory areas as well as other private trust hospitals to see that all sugarcane migrant workers stranded in the State and staying in clusters in various villages of the above referred districts, are provided regular medical aide. Certain sugar factories are providing free medical aide on their own.Page 2 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020
C/WPPIL/42/2020 ORDER (v) Regular factory / village-wise checking / inspection is
being carried out to see that each of the sugarcane migrant workers is not deprived of the basic facilities referred to above. For this purpose, respective District Development Officers have been instructed to get all the needful done.
(vi) Pertinently, sources of information provided in a note filed in WP (PIL) No.52 of 2020 and referred to in the aforesaid common order dated 17.04.2020, have also been approached for inviting suggestions and complaints, if any, in carrying out entire distribution work referred to above amongst the sugarcane migrant workers stranded in the State.
(vii) Thus, as far as possible, all the efforts have been put in service to see that the sugarcane migrant workers stranded the State are taken care of.
II. Re: Interstate migrant workers in Surat city and surrounding areas:
A. Textile workers / Power Loom workers (staying in clusters):
All such textile workers are settled under three different jurisdiction authorities:
1. Surat Municipal Corporation;
2. Rural area under jurisdiction of District Panchayat Officer;
3. GIDC area under notified area authority.
All three authorities have taken care of migrant labourer in following manner.
1. Surat Municipal Corporation:
(I) Surat Municipal Corporation has appointed eight Assistant Municipal Commissioners as Nodal Officer for distribution of food and ration with the help of NGOs, Social Organisations, Religious Organisations, Hotels and Individuals in their respective areas.Page 3 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020
C/WPPIL/42/2020 ORDER
(ii) For distribution of food, 91 centres have been put in operation. Surat Municipal Corporation has also started 16 community kitchens in 06 zones, where food is cooked and served.
(iii) Surat Municipal Corporation has also roped in Akshaypatra, an NGO which cooks food for mid-day meal scheme in the city area. Rate of Rs.20/- per dish has been approved for the same and all the zones have been given authority to provide cooked food through any other means at the above rate.
(iv) Presently, Akshaypatra is providing cooked food for 58,000 persons twice a day. Surat Municipal Corporation through community kitchen is providing food to 1,20,000 persons on an average per day. Through other organisations as mentioned above, nearly 3.50 lakh of food packets are distributed daily in the city area.
(v) A toll free helpline number 1077 is working 24 X 7.
To facilitate each location of food distribution centre, a Google map with all above food distribution centre is also made available. Till date, Surat Municipal Corporation through community kitchen has provided 16,89,806 food packets. Similarly, Akshaypatra has provided food to 7,06,950 persons. Likewise, all other charitable organisations have provided 74,10,781 food packets.
2. Rural area under jurisdiction of District Panchayat, Surat:
District Panchayat, Surat has its Class-I officers as different branch head and also appointed as Liaison Officers for different talukas. These Liaison Officers along with Taluka Development Officers of respective talukas are assigned the task to make provisions for cooked food / ration to stranded interstate labourers. Out of total 9 talukas, there is the presence of such interstate labourers in 5 talukas only namely, Kamrej, Olpad, Palsana, Choryasi and Mangrol.
Following are the interventions by District Panchayats and some active NGOs etc. to resolve the issue of such stranded labourers:Page 4 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020
C/WPPIL/42/2020 ORDER (I) Local administration offices have played important
role to ensure that such labourers receive their outstanding amount of wages from their employers besides some ad hoc amount. Many of them had already paid the outstanding and remaining were contacted and persuaded to make remaining payment of wages.
(ii) Willing and active NGOs and State Government itself have started some community kitchens in big villages of such talukas, where most of these labourers live. Food is served at these community kitchens. The care is taken to maintain social distance at such place of catering food. Since 24.03.2020 upto 18.04.2020 in all 4,78,683 lunches and 7,74,525 dinners are served to such stranded persons (these number are total number of lunches and dinners, not that of persons).
(iii) Out of such labourers whosoever were holding either NFSA or APL 1 ration cards are distributed 3.5 kgs. Whet, 1.5 kgs. Rice, 1 kg. Dal, 0.350 gms. Sugar and 1 kg. Salt given per family. Many of t hem (around one lakh family) who were not having either of above mentioned ration card, were given 3.5 kgs. Whet, 1.5 kgs. Rice, 1 kg. Dal, 1 kg. Sugar and 1 kg. Salt given per family. Under 'Anna Bhram Yojna' of Civil Supply Department of GoG.
3. GIDC area under notified area authority:
(I) In notified area of Sachin GIDC, association of unit holders of this GIDC have started community kitchen for all workers of the GIDC, since 26.04.2020. Mostly stranded labourers from other States are taking benefit of this facility of cooked food. This arrangement will be in the place until the end of lock down. Volunteers from the industries manage this facility. There are three locations to cater such a large number of works for this arrangement.
(a) Pallwal Chowkdi; (b) Sardar Chowk Road No.5; (c) Laxmi Villa Gate.
(ii) Besides this, cooked food arrangement about 10,000 Page 5 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER kits of ration is already distributed so far and this distribution is still on.
(iii) Care is also taken by authorities of these notified areas that owners of all industries to have made payment to all their workers.
(iv) Labour Commissioner or office of Surat has made team of 16 officers just to check over different power looms, embroideries and other factories have paid wages to their workers or not and the team is doing this task in different areas on daily basis.
B. Construction Sector: (I) Construction labourers also avail benefit of cooked
food being served at various food distribution centres within Surat Municipal Corporation and rural areas as well.
(ii) Besides that Confederation of Real Estate Developers Association of India, Surat (CREDAI) has also come forward to take care of all basic needs of standard construction labourers, like food, health etc. at the construction site itself.
(iii) They have formed four teams zone wise. They have served food packets, sufficient ration kit etc.
(iv) With the help of 'Dhanvanti Aarogya Rath' as well as the local doctors, health check up is carried out at various construction sites where such construction labourers reside.
C. Workers working in units at Hazira Industrial Belt:
(I) All big industries in Hazira area like Reliance Industry, Arcelor Mittal, Adani Port, IOC Ltd., Shell India Ltd., L&T, Nippon Steel (erstwhile Essar Steel), BPCL, ONGC have made payments to all their workers and they have distributed food packets and ration kit to the needy in surrounding areas.
(ii) Sarpanch Shri Kavas Village Panchayat and people of Village Panchayat Kavas provide one time meal to 2,000 Page 6 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER people in Kavas and Hazira village.
(iii) The office of Deputy Labour Commissioner so far has received total 3,591 online complaints regarding migrated workers. Most of the complaints are regarding food and ration kit, which they had forwarded to District Supply Officer of Suarat and they had managed to provide food kit and ration kit to them with the help of various Mamlatdar Office of Surat.
(iv) Information has also been sought about stranded truck drivers if any from 'Hazira Vistar Truck Malik Welfare Association'.
(v) The association in its letter addressed to Collector, Surat dated 18.04.2020, has stated that they have around 800 trucks operating in Hazira area and most of them have stopped operating since 22.03.2020 and most of the drivers are back to their native. However, there are around 280 are still there, who could not go to their native. The association has arranged for food facilities twice a day and also medical check up is carried out. So, due care is being taken of the remaining drivers who are stranded.
D. Workers working Diamond Industry:
The number of interstate migrated workers is around 35,000 to 40,000 in diamond industries. These workers do not have any difficulties for shelter or food and the salary and have been paid and provided ration kit by diamond industries. In addition to this, officers of Labour Commissions are visiting the local areas where diamond workers are staying and asking them for their necessity and solving them also.
II. Re: Further actions taken in South Gujarat (Surat, Valsad, Tapi, Navsari and Dang districts) for labourers during the lockdown period (I) The office of Labour Commissioner, Gandhinagar issued a circular dated 21.03.2020 and 22.03.2020 for organised and unorganized workers respectively. In this regards, all the employers of public / private establishments for organised sector workers and unorganised workers have Page 7 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER been advised to not terminate their employees, particularly casual or contractual labourers, from their job or reduce their wages. Moreover, if any worker takes leave, he/she should be deemed to be on duty without any deduction in wages till date 15.04.2020. The Appeal made by these two circulars has been further extended for the periods of lockdown I.e 03.05.2020 vide circulars dated 16.04.2020.
(ii) The time limit of notification issued under section 34 of the Disaster Management Act, by many District Collectors is also extended for the lockdown period directing employers of industries, shops and establishments to make payment of wages to their workers on the due date without any deduction, for the period their establishments are under closure due to lockdown. Violation of section 34 of the Disaster Management Act is punishable under section 51 of the Act with imprisonment for a term which may extend to one year or with fine or with both. In case of violation of above measures actions may also be initiated under section 188 of the Indian Penal Code which is punishable with penalty of Rs.1000 or six months imprisonment.
(iii) The officials of the Labour Department in coordination with District Administration, Health and Education department have played vital role in setting-up of the relief camps / shelters for migratory workers. In South Gujarat, 29 labour shelters have been setup in which 1847 migrant labourers were kept and officials are assuring adequate food arrangements for the workers and hygienic condition in shelters. Medical check-up of every worker is being done by the team of health department on daily basis and the migrants are being addressed by teachers/professors/ trained counsellors for ensuring that this panic situation does not affect the mental state of the workers.
(iv) The State Labour Department has immediately set up a help line number 155372 which addresses complaints of non- payment of salary. Office of the Deputy Commissioner of Labour, Surat has sent Whats App message regarding help desk number for salary/food complains to 8 union representatives who are directly in touch with approximately 2 lakh workforce of the district. In Surat district, 127 complaints have been received since 23.04.2020 all of which 127 have been resolved. In Valsad, two complaints were Page 8 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER received and both have been resolved. Thus, the machinery is trying to ensure disposal of complaints within 24 hours.
(v) The labour officials are also ensuring payment of salary for the month of March through phone calls, emails and even WhatsApp. In the districts of Surat, Valsad, Navsari, Tapi and Dang, sum of Rs.6,60,97,04,664 has been paid to approx. 4,55,824 workers by 19,041 industries / establishments.
(vi) Surat district is the industrial and financial hub of Gujarat in which labourers from various States of the country are engaged in employment in different sectors especially in Textile and Diamond Industries. The bifurcation of State wise labourers is as under.
Sr No State Number of
Workers (Approx)
1 Uttar Pradesh 3,00,000
2 Odisha 3,00,000
3 Bihar 1,50,000
4 Rajasthan 1,00,000
5 Jharkhand & 25,000
Chhattisgarh
6 Madhya Pradesh 25,000
7 Maharashtra 50,000
Total 9,50,000
(vii) For monitoring day to day shelter home activities set up by Surat Municipal Corporation (SMC), officers of Labour and Employment Department have been deputed by District Administration vide order dated 12.04.2020. These officers monitor number of persons getting benefit of shelter homes, number food packets provided to beneficiaries, quality of food and hygiene of the center. The officers have to carry out inspections of aforesaid facilities and send inspection report to disaster branch of District Administration on daily basis.
(viii) In Surat district, with the intervention and regular follow up of officers of Labour and Employment Department, 18,238 establishments have paid Rs.4,93,19,62,909 salary/wages to total approximately 3,57,462 employees.
Page 9 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020C/WPPIL/42/2020 ORDER (ix) As mentioned earlier, State helpline number 155372
has been setup to address complaints of non-payment of salary. Office of the Deputy Commissioner of Labour, Surat has sent WhatsApp message regarding help desk number for salary/food complains to 8 union representatives who are directly in touch with approximately 4,55,824 workforce of the district. In Surat District, 127 complaints have been received since 04.04.2020 all of which 127 have been resolved.
(x) Collector Surat has also nominated Mr. M.N. Gameti, Assistant Commissioner of Labour as Nodal Officer in relation to preliminary requirement of migrated labourers such as food packets, ration etc vide order dated 13.04.2020. The Nodal Officer has received 11,438 complaints from affected 51,000 workers approximately of other states. Out of which Total 11,120 Complaints have been resolved.
(xi) Office of Deputy Commissioner of Labour, Surat has also established Control Room in its office for receiving complaints/grievances of labourers on which 165 complains have been received regarding non-payments of salary, food, health and reinstatement of employment, which have all been resolved by the department.
(xii) The officers of Surat Deputy Labour Commissioner office have held meeting with 16 employer representatives of Diamond, Textile Manufacturers, Traders and CREDAI and have appealed to them to help their workers during lockdown period. Department has held meeting with 21 worker representatives as well for getting their feed back to improve situation.
(xiii) The employers who could not pay wages or salary due to non-availability of curfew/ lockdown passes, are being provided with passes for the disbursement of salary. Office of the Deputy Commissioner of Labour, Surat has issued 376 passes to Employer/Contractor for disbursement of salary while 175 Passes have been issued to union representatives for resolving grievances of workers.
(xiv) The Labour and employment department has deputed Page 10 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER state level officers I.e Director of Labour (IAS), Director of Employment (IAS) and Director of Industrial Safety and Health at Surat to direct the Office of Deputy Commissioner of Labour, Surat. An additional Deputy Commissioner of Labour has also been deputed in Surat to help the team.
(xv) A special order has been issued deploying four teams to ensure payment of salary in Surat on 16.04.2020. Each team includes Government Labour Officer and Officer from Director Industrial Safety and Health and supervised by Assistant Commissioner of Labour, Class-1. The teams visit work-place/residence areas of workers and interact with them to know their problems and difficulties in getting basic needs I.e. food, shelter, hygiene, pending salary and medical needs. In case of any issue, team members immediately contact concerned employers/association to resolve the issue and inform workers/union.
(xvi) The teams have approached total 1402 workers who are representative approximately 48,851 workers of the district. Teams have also approached 311 employers and 21 industrial association representatives. The teams have observed that almost all the workforce has received salary for their work days of the March, 2020 and they are getting adequate food kits/food supply in their area.
(xvii) Surat District Administration has set up 152 food distribution centres which are distributing lunch and dinner to approximately 3.5 lakh needy persons including migrant labourers on daily basis. Apart from that industrial associations and NGOs also providing cooked food and ration kit to workers. The details are as under:
(a) In Bamroli area, food kits have been distributed to 30,000 workers by Weavers Association;
(b) In Laskana area, 20,000 workers are being provided food at 35 different locations by industrial association;
(c) In Kim-Pipodara area, 25,000 workers have been provided ration kits by weaving association;Page 11 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020
C/WPPIL/42/2020 ORDER (d) In Sachin area, 11,000 ration kits have been
distributed to the workers and cooked food is being distributed to 2.75 lakh persons at 3 locations.
(xviii) In Surat, 126 show cause notices have been issued for non-payment of salaries for the month of March based on complaint received from workers while 75 show cause notices were issued for non-payment of salaries for the month of March based after inquiry by teams appointed for verification.
(xix) State Government has decided to facilitate the migrant workers of neighbouring states to travel to their native places.
Following steps have been taken in this regard:
(a) On 25.04.2020, after consultation with State of Madhya Pradesh, total 2438 workers staying in government shelter homes since lockdown were moved by 110 GSRTC buses to the Pitole and Alirajpur borders of M.P., Madhya Pradesh government arranged received them at border and arranged for their transportation to native place. Medical screening of each and every worker was carried out by health officials before boarding into buses.
(b) On 27.04.2020, after consultation with State of Rajasthan, total 2314 workers staying in government shelter homes since lockdown were moved by 94 GSRTC buses to Amirgadh, Ratanpur, Monadungar and Nainwa checkposts at Rajasthan border. Medical screening of each and every worker was carried out by health officials before boarding into buses.
(c) On 28.04.2020, inter district transportation was arranged and total 423 workers of Gujarat staying in government shelter homes were transported to their native places in 17 GSRTC buses.
IMPLEMENTATION OF CURFEW IN JAMALPUR AREA OF AHMEDABAD
1. Curfew had been imposed in the walled city area of Ahmedabad by the order of Commissioner of Police, Ahmedabad City for the period from 06:00 hrs. of Page 12 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER 15/04/2020 to 06:00 hrs. of 21/04/2020 vide notification number: Spl.Br/Nitification/A-Section/ 17/ 2020, dated 14/04/2020 in the jurisdictions of seven Police Stations of Ahmedabad City, including Jamalpur Area as a measure of abundant caution, to contain the spread of COVID-19 in the Hotspot areas and extended up to 06:00 hrs. of 26/04/2020 in addition to the Lockdown in the whole country since 24/03/2020 up to 03/05/2020.
2. Relaxation was given from 13.00 hrs. to 16.00 hrs. every day during the Curfew period for the local women to purchase their basic essential items and commodities. Large number of personnel and officers including Police and State Reserve Police had been deployed under the supervision of senior Police officers for effective implementation of the Curfew.
3. On the first day of Curfew during the relaxation hours, an unprecedented crowd of local women of Jamalpur area of Ahmedabad came out in large numbers to buy groceries and vegetables. Immediately, the Police Authority and A.M.C. authority intervened to make proper arrangements in order to avoid any major crowding.
4. Since the next day, the above said issue was taken care of, by making necessary arrangements with the supervision of Senior Police Officials of Ahmedabad. The local Police authority with the assistance of Ahmedabad Municipal Corporation staff made markings using limestone so that social distancing can easily maintained among the customers. Announcements concerned with the rules and regulations of enforcement of curfew and relaxation timings were made regularly by using Public Address System. The assistance of local social and religious leaders were taken to enforce the Curfew effectively. Foot patrolling by Police has been increased inside the Curfew areas to keep watch on any unnecessary movements.
5. Additional Central Armed Police Force (CAPF) women personnel and women Police from other Police Stations of Ahmedabad City were deployed in the Curfew areas to regulate the women coming out for purchase of essential items during the relaxation hours. The borders of Curfew areas were sealed with restricted entry and exit after proper screening by a medical team posted there. The owners of Page 13 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020 C/WPPIL/42/2020 ORDER local Provision Stores and local vegetable sellers have been briefed about maintenance of Social Distance of the customers while selling. The Ahmedabad Municipal Corporation had also arranged more portable selling points of vegetables and fruits through local vendors to avoid crowding at such selling places inside the Curfew area.
6. Further, senior officers of the level of Assistant Commissioners of Police and Deputy Commissioners of Police were deployed to oversee the arrangements in the Curfew bond areas of Ahmedabad City. Cases have also been registered against the violators of Curfew and against the persons who failed to keep social distancing despite giving several warnings to them. Local volunteers had also been engaged to enforce the norms of social distancing.
No major crowding or any serious incident regarding violation of Curfew has been noticed since then. The Curfew has been lifted on 26/04/2020 early morning 0600 hrs. and the Lockdown is in force till now.
2. We are satisfied with the report submitted by the State and expect that the State will continue its endeavor to fight the Pandemic of COVID-19 with all sincerity.
3. Let a fresh report be submitted within three weeks by the next date.
4. Let this matter be listed again on 22 nd May, 2020 at 11.00 a.m. (VIKRAM NATH, CJ) (ASHUTOSH J. SHASTRI, J) GAURAVTHAKER Page 14 of 14 Downloaded on : Fri May 01 21:59:23 IST 2020