A SHANMUGHAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition has been filed for writ of Mandamus directing the respondents to release more than 450 "bonded Labourers", being the Weavers, under the Captive Confinement and detention of Handloom Factory Owners in and around Kaikolapalayam, Vijayamangalam, Perunthurai, Erode within the Periyar District.

(2.) THIS petition has been filed by one person by name A. Shanmugam. From the affidavit filed in support of his petition, it is seen that he is one of such Weavers. There are around 500 families by the hereditary profession; they have no sources of income excepting the daily wages earned by doing weaving work. The family consisting of parents, children and others are engaged as daily waged coolies. They are living below the poverty line. Even the children are not having proper food, cloth and education and they are sent to assist the weavers. The community of weavers are all depending upon their employment, which are provided by the local Handloom owners. The Handloom owners have joined together in and around the Village stated above and they are dictating the daily wages to the Weavers. The weavers including of men, women and children - both male and female, numbering around 450 are employed on daily wages under the following 17 owners:-

(3.) THE said Handloom owners and other owners are having 20 to 50 people for their employment on daily work basis. The said Owners are holding their weaver workers as Bonded Labourers. The weavers are treated inhumanly and tortured and over-burdened and treated in worst condition during their employment. They are not permitted to even go out of their factory campus and they are made to work 18 to 22 hours per day without rest. Even when they are sick, they are compelled to work, failing which with the help of the rowdies, they go to the respective houses and bring them in lorries and severely scold and threaten them that their children will be beaten. If the male Bonded Labourers come for the rescue of the female Bonded Labourers, the factory owners used to beat the male labourers. In some cases, the factory owners have also given money as advance to the male, female and children, who are compelled to work as Bonded Labourers. The Bonded Labourers are paid daily wages and they are very low in respect of production, turn-over and hours of employment. The male Bonded Labourers is paid Rs. 1. 60 per one metre, female Bonded Labourers is paid 70 paise per one thiri and minors are paid Rs. 25/- per week. They are made to work from morning 8. 00 a. m. to night 1. 00 p. m. They filed petition to the Collector complaining about this and also sent representation to the Chief Minister. Since no action was taken, the petitioner has filed the present writ petition.