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Supreme Court - Daily Orders

In Re: vs Chopping Of The Palms Of Two Migrants on 18 September, 2015

Bench: Madan B. Lokur, Uday Umesh Lalit

                                                     1



     ITEM NO.307                              COURT NO.9                SECTION PIL(W)

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

                                 Writ Petition(s)(Civil)     No(s).30/2014

                              IN RE: CHOPPING OF THE PALMS OF TWO MIGRANTS

                           (With appln.(s) for intervention and office report)

                                                     WITH
                                             W.P.(C) No. 55/2014
                                            (With Office Report)

     Date : 18/09/2015 These petitions were called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE MADAN B. LOKUR
                            HON'BLE MR. JUSTICE UDAY UMESH LALIT

     For Petitioner(s)
                                      By Courts Motion

                                      Petitioner-in-person

     For Respondent(s)                Mr.   S.N. Terdal, Adv.
                                      Mr.   Bharat Singh, Adv.
                                      Mr.   Ashish Kr. Upadhyay, Adv.
                                      Mr.   Shreekant N. Terdal, Adv.

                                      Ms. Sharmila Upadhyay, AOR

                                      Ms. Jayshree Satpute, Adv.
                                      Mr. Anil Kumar Tandale, AOR

                                      Mr. S. Udaya Kumar Sagar, AOR
                                      Mr. Krishna Kumar Singh, Adv.

                                      Mr. G. N. Reddy, AOR


                          UPON hearing the counsel the Court made the following
                                                O R D E R

Signature Not Verified Digitally signed by Sanjay Kumar Date: 2015.09.21 This case pertains to migrant labour, particularly in 17:26:35 IST Reason: the States of Odisha and Telangana particularly workers in brick kilns.

2

This petition was initiated suo motu in view of reports having been received about the palms of workers having been chopped off by some contractors. A detailed order was passed by this Court on 15th July, 2014 wherein as many as six questions were formulated for which a response was required from the State Governments.

The State of Odisha has filed a partial response while the State of Telangana has not responded to the questions mentioned in the order.

Subsequently, notice was also issued to the State Legal Services Authorities of Odisha and Telangana in respect of the order dated 15th July, 2014. We have received a Report on Migrant Workers of Kalahandi, Bolangir, Nuapada and Bargarh Districts of Odisha prepared by Mr. Sashikanta Mishra, Member Secretary, Odisha State Legal Services Authority. Mr. Mishra has done an extremely good job in the preparation of the Report. A copy of this Report should be furnished by NALSA to the learned counsel for the State of Odisha and to the State Government Unfortunately, there has been no response from the Member Secretary of the State Legal Services Authority in Telangana.

3

We have requested Mr. Rajesh Kumar Goel, Director, NALSA, who is present in Court in connection with some other case, to look into the matter and to speak to the Member Secretary of the State Legal Services Authority in Telangana to comply with our orders and prepare a detailed report on migrant workers.

We have brought to the notice of learned counsel for the States of Odisha and Telangana that the orders of this Court are required to be complied with in letter and spirit. They say that they will file appropriate affidavits within four weeks in response to the questions raised by this Court and to ensure that the provisions of the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 are fully complied with.

We make it clear that the time to file the affidavits will not be extended, except on payment of heavy costs. List the matter on 6th November, 2015.



 (SANJAY KUMAR-I)                              (MALA KUMARI SHARMA)
  COURT MASTER                                       COURT MASTER