LOK ADHIKAR SANGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This case illustrates a new phase in the promotion of social action litigation in this country. The petitioner before us is Lok Adhikar Sangh a Society established for the purpose of protection of democratic rights and civil liberties of the citizens and particularly the down-trodden classes. The petition concerns the working and living conditions of textile labour in Surat. Surat is the hub of the textile industry in Gujarat. The labour force in this industry in Surat is evidently unorganised and there has been very little enforcement at labour laws. Direction for preparation of reports to highlight the conditions of such labour is the main request in the petition. But that by itself would be of no relevance for unless the Court has to consider the grant of any substantive relief it would not concern itself with preparation of reports. The prayer made in the petition that the respondents the State the Commissioner of Labour and the Assistant Commissioner of Labour should be directed to enforce the labour laws is too plain and could easily be answered by a simple grant of the prayer but that would be of no meaning because the court does not issue a mandamus to the State generally to perform its obligations. The court if at all must issue specific directions. That would be possible only on assessment of the nature of the violations and the determination of the modus to deal with them. It may be that the prayer is only that authorities must be asked to enforce the law the Court may say that administration of the labour laws must be a matter of concern for the Government and the Court need not interfere or issue directions. But if it is pointed out to the Court that none of the labour laws generally operates in an area and that affects thousands of citizens resulting in serious infringement of their rights the situation may call for notice by the Court.

(2.) While directing notice on the petition which notice was waived by the Government counsel Shri M. I. Hava we made certain interim directions. At that time we were told on behalf of the Assistant Commissioner of Labour that there are good number of unregistered contractors employing contract labour in Surat and prosecutions have been taken up as a result of inspections. We called for certain information on this matter by our interim order.

(3.) It appeared to us that a survey of working conditions of the labour in the textile mills in Surat would alone enable the Court to give more concrete shape to any relief that could ultimately be granted by it. We felt that the Sociology Department of the South Gujarat University may be equipped to make a survey and therefore we addressed the Vice-Chancellor to ascertain whether such work could be taken up. The Vice-Chancellor has been good enough to take up the onerous responsibility. Perhaps it is the first time that the University resources are utilised by a Court in this manner.