Andhra Pradesh High Court - Amravati
K. Ramakrishna vs The Union Of India on 27 April, 2020
Bench: J. Uma Devi, R Raghunandan Rao
'¢ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI ---- (SPECIAL ORIGINAL JURISIDICTION) MONDAY , THE TWENTY SEVENTH DAY OF APRIL _ TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE MS JUSTICE J. UMA DEV) A THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO _ WP (PIL) NO: 104 OF 2020 _ Between: Gujjaia Obulesu, S/o G. Obanna, AND _.. Feprena | 4. The Union of India,, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi - 110 001, Rep. by its Secretary. 2. The Union of India,, Ministry of Human Resource Development, Shastry Bhavan, New Delhi - 110 001, Rép. by its Secretary. 3 State of Andhra Pradesh,, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretary. 4. The State of Andhra Pradesh, Labour Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretary. eo ] 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, 1996, through Direct Benefit Transfer (DBT Mode), as illegal, arbitrary and violative of their fundamental rights guaranteed under Article 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 Act, 1996 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. -- IA 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 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 Sri P.Ananda Seshu, learned Counsel for petitioner and Sri C. Sumon, learned Special Government Pleader for respondents 3 and 4. Smt. M. Indrani, Central Government Standing Counsel appearing for respondents 1 and 2 submits that papers have not been served on her. Learned counsel for the petitioner is directed to serve papers on Smt. M. Indrani, appearing for Union of "India. | Sri Ananda Seshu, learned counsel for the petitioner submits that the order dated 23.04.2020 passed by this court has not been complied with by the State. Sri C. Sumon, learned Special Government Pleader submits that the State is taking care of the interests of all the migrant labourers including supplying free food grains and other foodstaffs apart from paying Rs.1,000/- to each of construction workers. Sri C. Sumon also submits that all the migrant labourers have been placed in relief camps set up for that purpose. In view of the above submissions, the petitioner is permitted to file details of such labourers or other persons, whose interests are not being protected by the State, so as to enable the Authorities to take appropriate action for the wellbeing and protection of these persons. --
Post the matter on 04.05.2020. a a ee ee Sdi- M2 RAMESH BABU ASSISTANT REGISTRAR IITRUE COPY!/ i py ee . For aserstani ate ISTRAR
4. The Secretary, Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi - 410 001.
2. The Secretary, Union of India,, Ministry of Human Resource Development, Shastry Bhavan, New Delhi - 110 001
3. The Principal Secretary, State of Andhra Pradesh,, Home Department, 4 To.
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) 5 One CC to Sri Sri P.Ananda Seshu,, Advocate [OPUC] ~~ _
6. One CC to Smt. M. Indrani, Standing Counsel for Central Government(OPUC)
7. Two CC to C. Sumon, Special Government Pleader, High Court of A.P at ---- Amaravathi (OUT) 8 . One spare copy _ HIGH COURT JUDJ & RRRJ DATED:27/04/2020 ORDER WP(PIL).No.104 of 2020 POST ON 04.05.2020