(1.) This Special Civil Application has been moved by General Secretary of Dakshin Gujarat Kamdar Association. The Association claims to be a trade union of workers engaged in diamond polishing/processing industry in Surat. As a result of the wage reduction imposed by owners of factories engaged in diamond cutting and polishing, there was wide resentment among the labourers. As a result of that they carried out certain demonstrations. It led to lathi charge and bursting of tear gas shells by the police. At last, the police had to resort to firing. One Kalubhai sustained bullet injuries to which he succumbed.
(2.) The petitioner alleges that large number of factories function in Surat which are engaged in diamond cutting and polishing activities. Such factories have not been registered under the Factories Act and the rules framed thereunder. No factory maintains register of its wo/kers. Identity cards are not being issued to the workers. Benefits of labour legislations have been denied to them. The governmental machinery which is duty bound to enforce labour laws for the benefit of workers engaged in these factories are not taking appropriate legal steps contemplated by law to project the labour.
(3.) One of the prayers made by the petitioner on the above basis is to issue a direction to respondents No. 5, 7 and 8, Labour Commissioner, Chief Factory Inspector and Govt. of Gujarat, to ensure that all the diamond processing factories are registered under the Factories Act, 1948 and the provisions with regard to identity cards, attendance cards, wage slips, wage register etc. are enforced in respect of all workers working in various factories within two weeks.