K. ABDUL AZEEZ SAHIB AND SONS, FOUR HORSE BEEDI MANUFACTURERS AND ORS. Vs. THE UNION OF INDIA (UOI) REPRESENTED BY THE SECRETARY, MINISTRY OF LAW AFFAIRS AND ORS.

JUDGEMENT

(1.) This batch of writ petitions raises a question regarding the construction and constitutional validity of several provisions of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Central Act XXXII of 1966), hereinafter referred to as the Act. The petitioners in Writ Petitions Nos. 2680 to 2685, 2688 to 2701, 2711, 2712, 2727, 2762, 2797, 2847 to 2857, 2919, 3028, 3223, 3268, 3425, 3477 and 4466 of 1968; 227, 468, 503, 531, 629, 579, 711, 849, 1065, 1301 and 1926 of 1969; 3211, 3641 and 3730 of 1970 and 923 to 928 of 1971 are what are known as trade mark holders in beedies. The petitioners in Writ Petitions Nos. 415 to 425 of 1969 and 444 to 455 of 1969 call themselves as contractors in the manufacture of beedies, attached to the petitioner in W.P. No. 227 of 1969. The petitioners in Writ Petitions Nos. 40, 41, 169, 211, 212, 213, 231, 276 and 2631 of 1969 and 2848 of 1970 are manufacturers of cigars. The petitioners in W.P. No. 125 of 1969 are cigar rollers attached to the petitioner in W.P. No. 40 of 1969. All these petitioners challenge the applicability of the Act to them on different grounds.

(2.) There is a long history behind the Act, gatherable from the judicial decisions as well as from the reports of the various commissions appointed by the Government. The process of manufacture of beedi is a very simple one. Bundles of wrapper leaves are soaked in water to soften them and then they are cut with a pair of scissors into rectangular shape of average dimensions. The wrapper leaves are mainly obtained from the tendu plants which grow in wild forests of Chanda and Bhandara districts in the Vidharbha region of the State of Maharashtra and in certian other States. In order to cheapen the cost of production, the manufacturers mix inferior quality of tobacco with this tobacco. A small quantity of tobacco is put on the leaf and that is rolled into a triangular manner between the fingers and the palms of the hand into a conical shape and the top of the broad end is closed by bending it over the wrapper with the fingers. The other tip is tied with a piece of thread of varying colours according to the choice of the manufacturer. The quality of the beedi and its popularity depend upon the quality of the wrapper leaf, the quantity of tobacco and the nature of the mixture. The various trade mark holders distinguish their beedies with reference to the particular process of mixture. This process of manufacture itself will show that it can be done at any place by a human individual without the aid of any machine or tool except the scissors referred to above. It does not require any specified and demarcated place equipped with any instrument or tool. It is this very simplicity of the process of the manufacture that has been responsible for the failure on the part of the Government to apply successfully the various legislations meant for the welfare of the labour to the workers in this industry of manufacture of beedies and cigars.

(3.) The manufacture of beedies is carried out through different systems known as contract system, out of work system and direct employment system. In the case of a contract system, the manufacturer or the trade mark holder issues, beedi leaves and tobacco to an intermediary called contractor, who engages labour for rolling the beedies and supplies the finished products to the trade mark holder. The contractor who takes the beedi leaves and tobacco from the Trade Mark holder may maintain an establishment of his own in which he can collect the beedi rollers who roll the beedies or he in his turn may distribute the beedi leaves and tobacco to individual rollers who do the rolling in their respective dwelling houses and supply the finished products to the contractor. The trade mark holder maintains a small establishment from which the beedi leaves and tobacco are issued and in which the finished products are received and ultimately packed.