A KANNAIYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, by name, A. Kannaiyan has filed this petition seeking for a direction to the respondents to produce all the 18 persons mentioned in the Annexure to the said petition, who, according to him, are held as bonded labourers, now under the illegal custody of respondents 7 and 8 and set them at liberty. The petitioner has also sought for a further direction to respondents 1 and 3 to take all necessary measures forthwith to provide rehabilitation to the persons listed in the Annexure, who are held as bonded labourers, in the light of the Bonded Labour Abolition Act, 1976 and the rules made there under.

(2.) PURSUANT to the direction of this Court, all the 18 persons listed in the Annexure, appeared before us. We enquired each one of them. Among the said 18 persons, three are minor and others are major. During the enquiry, they reported that they all belong to Nathakuzhi Colony, Manapattur Panchayat, Sendhurai Taluk, Perambalur District. According to them, on the advice of the eighth respondent, who is also the present before us, they went to Nedunallur Village of Ernakulam District, Kerala. They further informed this Court that each of them was promised to pay Rs. 100/- per day. It is further seen from their statement that they went to the said place a month ago and they were getting an amount from respondents 7 and 8 every week for food. Except one Sivakumar, Son of Thambusamy, other 17 persons are not interested in continuing their job there and they want to come back to their native village. They also requested for settlement of their one month wages by respondents 7 and 8. They also prayed that the same may be directed to be paid to them.

(3.) THOUGH the petitioner has filed this petition alleging that the persons mentioned in the Annexure were taken to Kerala as bonded labourers, our enquiry of all the 18 persons shows that due to unemployment in their village and on the assurance of the eighth respondent that they will be paid wages at the rate of Rs. 100/- to Rs. 120/- per day, they went to Kerala. They also informed us that all of them were paid Rs. 250/- towards transport charges. On our enquiry of all the 18 persons as well as the eighth respondent and the statement of the learned Government Advocate, we are satisfied that all these persons were not taken as bonded labourers and were also not treated so. However, it is clear that due to unemployment in the area in which all of them are residing and in order to eke out their livelihood and on the assurance that they will be paid decent wages, they left their native place and went to the place of the seventh respondent.