Andhra Pradesh High Court - Amravati
Gujjaia Obulesu vs The Union Of India, on 15 May, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI (SPECIAL ORIGINAL JURISIDICTION) FRIDAY , THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY 'PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S. SOMAYAJULU AND THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WP (PIL) NO: 104 OF 2020 - Between: oy Gujjaia Obulesu, S/o G. Obanna, Saute Petitioner AND 4. The Union of India,, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi - 110 001, Rep. by its Secretary. The Union of India,, Ministry of Human Resource Development, Shastry Bhavan, New Delhi - 110 001, Rep. by its Secretary. State of Andhra Pradesh,, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretary. The State of Andhra Pradesh, Labour Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretary. » » N Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, order or direction, more particularly one on the nature of WRIT OF MAMDAMUS, in the form of Public Interest Litigation (PIL) is filed declaring the action of the Respondents herein in not allowing the Migrant Construction Workers settled in Krishna and Guntur Districts in particular and in the other parts of the State of Andhra Pradesh in general, who belongs to various parts of the State of Andhra Pradesh and also from other States, to return to their Hometowns and Villages after conducting necessary testing for COVID-19 and to arrange for their safe travel by providing necessary transportation to this effect and not providing food and accommodation facilities to them and not transferring their share of Cess Fund collected under the Building and Other Construction Workers Welfare (BOCW) Cess Act, 41996, through Direct Benefit Transfer (DBT Mode), as illegal, arbitrary and violative of their fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and in violation of Section 22 (1) (h) of the said Act and Consequently direct the Respondents herein to provide necessary food and accommodation, to transfer their share of Cess Fund collected under the Building and Other Construction Workers Welfare (BOCW) Cess Aci, 4996 through Direct Benefit Transfer (DBT Mode) and also permit them to return to their Hometowns and Villages after conducting necessary testing for COVID-19 by arranging for their safe travel by providing necessary transportation to this regard, forthwith. 1A NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein to forthwith provide necessary essential food material, immediate financial aid and facility for safe accommodation to the Migrant Construction Workers who stranded in Guntur and other parts of the State of Andhra Pradesh, due to extension of National Lockdown declared in connection with COVID-19, pending disposal of WP(PIL) 104 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and order of the High Court dated 27-04-2020 made herein and upon hearing the arguments of Sri P. Ananda Seshu, Advocate for the Petitioner, Smt. M. Indrani, Standing Counsel for Central Government for the Respondent Nos.1 & 2, Sri C. Sumon, Special GP for Respondent Nos.3 & 4 and the Court made the following. ORDER
Heard the learned counsel for the petitioner and Sri C. Sumon, learned counsel appearing on behalf of learned Advocate General.
Learned counsel for the petitioner rests his case on the Building and Other Construction Workers Welfare Cess Act, 1996. According to him throughout india a sum of Rs.52,000/- crores is available and a substantial sum is also available in the State of Andhra Pradesh for distribution. Therefore, the learned counsel submits that all the workers list, whose names are furnished are available to receive this money.
In reply to this, Sri C. Sumon states that the States has already taken a decision to provide a sum of Rs.1,000/- five KGs Rice etc., at intermittent intervals to everybody including the building and other construction workers. Relying on the counter affidavit, learned counsel submits that more than one crore people have already been benefited due to this.
This Court, after hearing both counsel, is of the opinion that the respondent- State has to clarify what is the exact amount available with them under the provisions of this Act, namely, Building and Other Construction Workers' Welfare Cess Act, 1996. After the factual data is furnished in the form of an additional affidavit, the legal issue arising from the submission of Sri Chalasani Ajay Kumar, learned Counsel will be decided.
sri C. Sumon agreed to file the additional counter affidavit by 49.05.2020. He is directed to furnish the copy of the same to Sri Chalasani Ajay Kumar, learned counsel on oF before 49.05.2020.
List the matter on 20.05.2020 Sdi/- M. RAMESH BABU ASSISTANT REGISTRAR For vecierand Lederer
4. The Secretary, Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi - 110 001.
The Secretary, Union of India,, Ministry of Human Resource Development, Shastry Bhavan, New Delhi - 410 001 The Principal Secretary, State of Andhra Pradesh,, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. The Principal Secretary, State of Andhra Pradesh, Labour Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, (1 to 4 by RPAD One CC to Si Sri P.Ananda Seshu,, Advocate [OPUC} One CC to Smt. M. Indrani, Standing Counsel for Central Government(OPUC) Two CC to C. Sumon, Special Government Pleader, High Court of A.P at Amaravathi (OUT) One spare copy TRUE COPY!! To poe 8 eo ID HIGH COURT DVSSJ & LKJ DATED:15.05.2020 POST ON 20.05.2020 ORDER WP(PIL).No.104 of 2020