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Madras High CourtWP(MD)/20218/2021disposed of

Gopi. S v. Union Of India

2023-11-15Honourable Mr Justice N. Anand Venkatesh10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.13535 of 2022 W.P.(MD)No.20218 of 2021 S.Gopi ... Petitioner Vs 1.The Union of India, Represented by the Principal Secretary, Ministry of Labour and Employment, Government of India, Shram Shakti Bhawan, Rafi Marg, New Delhi -110 001.

2.The State of Tamil Nadu, Represented by The Principal Secretary to Government, Labour and Employment Department, Secretariat, Fort St.George, Chennai - 600 009.

3.State of Tamil Nadu, Represented by The Principal Secretary, Department of Adi Dravidar Welfare, Secretariat, Fort St.George, Chennai - 600 009.

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4.The Commissioner of Labour, Labour Commissionerate, DMS Complex, Teynampet, Chennai - 600 006.

5.The District Collector, Office of the District Collector, Dindigul - 624 004.

6.The Commissioner, Dindigul City Municipal Corporation, 15/9, Trichy Road, Dindigul.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 to 5 to direct the Respondent No.6 to allot a shop for the petitioner who is a rescued bonded labour in the newly constructed shopping complex inside the "Kamarajar Bus Stand, Dindigul" or at "Gandhi market Dindigul" and also to provide other rehabilitation measures for the petitioner as per the "Central Sector Scheme for Rehabilitation of Bonded Labour, 2016" by considering the representation of the petitioner dated 22/09/2020 in accordance with law within the time stipulated by this Court. W.P.(MD)No.18035 of 2021 A.Alagarsamy ... Petitioner Vs 1.The Union of India, Represented by the Principal Secretary, Ministry of Labour and Employment, Government of India, Shram Shakti Bhawan, Rafi Marg, New Delhi -110 001.

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2.The State of Tamil Nadu, Represented by The Principal Secretary to Government, Labour and Employment Department, Secretariat, Fort St.George, Chennai - 600 009.

3.State of Tamil Nadu, Represented by The Principal Secretary, Department of Adi Dravidar Welfare, Secretariat, Fort St.George, Chennai - 600 009.

4.The Commissioner of Labour, Labour Commissionerate, DMS Complex, Teynampet, Chennai - 600 006.

5.The District Collector, Thiyagi Subramania Siva Malihai, Velu Nachiyar Valaham Chettinaickenpatti, Dindigul, Tamil Nadu-624 004.

6.The Commissioner, Dindigul City Municipal Corporation, 15/9, Trichy Road, Dindigul.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 to 5 to direct the Respondent No.6 to allot a shop for the petitioner who is a rescued bonded labour in the newly constructed shopping complex inside the "Kamarajar Bus Stand, Dindigul" or at "Gandhi market Dindigul" and 3/10

also to provide other rehabilitation measures for the petitioner as per the "Central Sector Scheme for Rehabilitation of Bonded Labour, 2016" by considering the representation of the petitioner dated 22/09/2020 in accordance with law within the time stipulated by this Court. W.P.(MD)No.22579 of 2021 S.Natraj ... Petitioner Vs 1.The Union of India Represented by the Principal Secretary, Ministry of Labour and Employment, Government of India, Shram Shakti Bhawan, Rafi Marg, New Delhi -110 001.

2.The State of Tamil Nadu Represented by The Principal Secretary to Government, Labour and Employment Department, Secretariat, Fort St.George, Chennai - 600 009.

3.State of Tamil Nadu, Represented by The Principal Secretary, Department of Adi Dravidar Welfare, Secretariat, Fort St.George, Chennai - 600 009. 4.The Commissioner of Labour, Labour Commissionerate, DMS Complex, Teynampet, Chennai - 600006.

5.The District Collector, Office of the District Collector, Dindigul - 624 004.

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6.The Commissioner, Dindigul City Municipal Corporation, 15/9, Trichy Road, Dindigul.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 to 5 to direct the Respondent No.6 to allot a shop for the petitioner who is a rescued bonded labour in the newly constructed shopping complex inside the "Kamarajar Bus Stand, Dindigul" or at "Gandhi Market, Dindigul" and also to provide other rehabilitation measures for the petitioner as per the "Central Sector Scheme for Rehabilitation of Bonded Labour, 2016" by considering the representation of the petitioner dated 22/09/2020 in accordance with law within the time stipulated by this Court. For Petitioners : Mr.R.Alagumani For R-1 : Mr.R.Arjunrajan, Senior Panel Counsel For R-2 to R-5 : Mr.R.Ragavendran, Government Advocate For R-6 : Mr.J.Lawrance (In all Writ Petitions) COMMON ORDER The issue involved in all the three Writ Petitions are common and hence, they are taken up together, heard and disposed of through this common order.

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2. These Writ Petitions have been filed for the issue of writ of mandamus directing the respondents to deal with the representations made by the petitioners, wherein, the petitioners are seeking for rehabilitation measures as per the Central Sector Scheme for Rehabilitation of Bonded Labour, 2016 and also for a further direction to the Dindigul City Municipal Corporation to allot one of the shop that has been constructed inside the Kamarajar Bus stand or at Gandhi Market.

3. Heard the learned counsel on either side.

4. The case of the petitioners is that they were engaged as bonded labourers in a power loom sector from the year 1993 and they worked as bonded labourers for nearly six years. Eventually, an inspection was conducted by the Revenue Divisional Officer, Karur and they ascertained the fact that the petitioners were engaged as bonded labourers. In view of the same, through proceedings dated 26.03.1998, an interim relief of a sum of Rs.10,000/- (Rupees Ten Thousand only) was paid to the petitioners.

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5. The petitioners made representations to the official respondents seeking for rehabilitation measures under the Scheme and for allotment of shops to eke their livelihood. Since the same was not considered, these Writ Petitions were filed before this Court.

6. The learned Standing Counsel appearing on behalf of the sixth respondent submitted that no shops are available to be allotted to the petitioners and that the petitioners do not have any legal right to claim allotment of shops as a matter of right.

7. The learned Government Advocate appearing on behalf of the other respondents submitted that the fourth respondent had provided for immediate assistance to the petitioners and paid each of them a sum of Rs.10,000/- (Rupees Ten Thousand only). It was further contended that if the petitioners are entitled for any other rehabilitation or reliefs, the same will be considered by the fourth respondent in line with the available Scheme.

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8. In the considered view of this Court, considering the stand taken by the sixth respondent Corporation, no directions can be issued, since there is no shop available and that apart, the petitioners cannot as a matter of right seeking for allotment of shops. Hence, no mandamus can be issued in the absence of any legal right.

9. Insofar as the rehabilitation of the petitioners is concerned, the petitioners were only given an immediate assistance of Rs.10,000/- (Rupees Ten Thousand only) which is more in the nature of an interim relief. Ultimately, the Rehabilitation Scheme must be applied to the petitioners. In this regard, the Central Sector Scheme for Rehabilitation of Bonded Labour, 2016 Guidelines were brought to the notice of this Court.

10. In view of the above, there shall be a direction to the petitioners to make a fresh representation to the fourth respondent and the fourth respondent on receipt of the same shall act upon in line with the 2021 Revised Scheme and Guidelines and take appropriate steps to ensure rehabilitation of the petitioners. This process shall be completed by the 8/10

fourth respondent within a period of eight (8) weeks from the date of receipt of a copy of this order.

11. These Writ Petitions are disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 15.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Principal Secretary to Government, the State of Tamil Nadu.

Labour and Employment Department, Secretariat, Fort St.George, Chennai - 600 009, 2.The Principal Secretary, the State of Tamil Nadu, Department of Adi Dravidar Welfare, Secretariat, Fort St.George, Chennai - 600 009.

3.The Commissioner of Labour, Labour Commissionerate, DMS Complex, Teynampet, Chennai - 600 006.

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N.ANAND VENKATESH, J.

tsg 4.The District Collector, Office of the District Collector, Dindigul - 624 004.

5.The District Collector, Thiyagi Subramania Siva Malihai, Velu Nachiyar Valaham Chettinaickenpatti, Dindigul, Tamil Nadu-624 004.

W.P.(MD)Nos.20218, 18035 & 22579 of 2021 15.11.2023 10/10