WEST GODAVARI DIST SOCIAL WELFARE DEPT TAILORS ASSOCIATION ELURU Vs. SECRETARY SOCIAL WELFARE DEPT GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) This petition seeks a Mandamus directing the respondents herein to refund the amounts deducted from the wages of the members of the petitioner- association.

(2.) The undisputed facts are found in the order of the Lok Ayukta of Andhra Pradesh dated 14-7-92 in Complaint No.268 of 1992. It was found that there were deductions made from the wages payable to the tailors in the Dress making training -cum-production Centre, which was kept as a separate fund called, common good fund. The amounts so deducted has welled to Rs.54.59 lakhs by the end of 1988-89. Even though there was a proposal to organise an association and frame rules for the utilisation of the amounts for the welfare of these people nothing appears to have been done in the matter. Instead the complaint was that the monies have been utilised for construction of staff quarters and therefore the petitioner-association has come with mis writ petition seeking a direction to refund to those from whom the monies have been deducted from the wages. However, it was realised that the refund of the amount was not possible because of the difficulty to identify the particular persons and the amounts collected from them. The prayer was therefore amended by the petitioner-association and it sought for framing of a scheme for the benefit of these people. Several suggestions have been made in the amended prayer which were put to the government for consideration. In fact, even the Lok Ayuktha had closed the complaint before it with an observation that the amounts had to be expended for the benefit of the persons and it was for the Government to explore the avenues and it would be helpful and useful for them to achieve the object for which the amounts have been collected.

(3.) My attention was drawn to the Rules for the operation of common good fund framed by the District welfare officer as early as in January, 1982. That itself states that the common good fund is for the benefit of the workers and their children and that a committee would be formed to sanction financial assistance to those workers and their children for medical, educational and other genuine purposes. Therefore the objections taken in the counter affidavit with regard to the identity of particular persons who are entitled for the benefit, are no longer tenable. A stage has come where a scheme has to be framed by this Court inasmuch as the Government has failed to frame such a scheme, as expected by the Lok Ayuktha as well as by this Court where I have adjourned this matte several times for framing the scheme. The petitioner has suggested several schemes such as granting pension, housing providing dry land and granting of interest free loans etc., But, I find that the last item viz., granting of interest free loans for setting up self employment units is particularly one which is feasible when the banks are actually conducting such schemes. They have the expertise. I, therefore, direct the respondents to set up the fund and appoint a Nationalised Bank as a trustee empowering it to grant interest free loans for self employment avenues for the members of the petitioner-association. The Government may formulate the necessary conditions for granting the said loans at a minimum of Rs.10,000/- per person similar to schemes already in vogue repayable over a period of ten years. This exercise should be done within a period of three months from today.