NARENDER MALAVversusSTATE OF GUJARAT AND ORS.

                           NARENDER MALA V                                         A
                                      v.
                    STATE OF GUJARAT AND ORS.

                               MAY 19, 2006

     [DR. AR. LAKSHMANAN AND LOKESWAR SINGH PANTA, JJ.)
                                                                                   B

     Constitution of India, 1950-Article 32 -Writ Petition-Regarding
working conditions of salt workers in Gujarat District-Directions by
Supreme Court to the State and other functionaries to look into the issue of
socio-economic development ofsalt workers-Status reports and affidavit by          c
the State to the effect that they are making sincere efforts for welfare of salt
workers and their children-Necessary steps having been taken, writ petition
disposed of

     A letter was sent by petitioner expressing some grievances in
regard to the working conditions of salt workers in Kachchh District,
                                                                                   D
Gujarat. This letter itself was considered as writ petition. In this regard,
this Court issued several directions to the State of Gujarat and other
functionaries to look into the issue of socio-economic development of salt
workers.
                                                                                   E
     Disposing of the writ petition, the Court

      HELD: It is seen from the various reports and affidavit filed by
the State of Gujarat that they are making sincere efforts for the welfare
of salt workers and their children in collaboration with the Government
                                                                                   F
of India. Since all the necessary steps have already been taken, there
is no need to keep the Writ Petition pending. [782-G-H, 783-A)

     CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 9 of
2001).
                                                                                   G
     Under Article 32 of the Constitution of India.

     Mis. Joseph Vellapaly, Yashank Adhyaru, Sr. Adv. (A.C.) (NP),
Sanjeev Kumar Choudhary and Aniruddha P.Mayee, Advs., with him for
the appellant.                                                                     H
                              779
    780                  SUPREME COURT REPORTS [2006] SUPP. 2 S.C.R.

A          Ms. Hemantika Wahi, Adv .. for Respondents

           Mrs. Kiran Bhardwaj. V.K. Venna and B.V. Balaram Das, Advs., for
    UOI.

           The Judgment uf the Court was delivered by
B
           DR.AR. LAKSHMANAN,J.: Heard Mr. Sanjeev Kumar Choudhary,
    learned counsel appearing on behalf of the petitioner and Ms. Hemantika
    Wahi, learned counsel appearing on behalf of the respondent-State and the
    counsel for Union of India. This Writ Petition was sent by Narender Malav
    by post to this Court expressing some grievances in regard to the working
c   conditions of salt workers in Kachchh District, Gujarat. The letter sent by
    Mr. Narender Malav was considered and numbered as a Writ Petition by
    this Court. The matter is pending in this Court from 200 I. Several Orders
    were passed issuing several directions to the State of Gujarat and other
    functionaries. Several reports have also been filed. Finally, an Order was
D   passed by this Court on 20.04.2005 issuing certain directions. By the said
    Order. the Education Department was directed to look into the issue of
    education of children of salt pan workers at the work place, where currently
    no educational facility is made available. The matter was adjourned to
     facilitate the respondent-State Department to file further status report in
    regard to what is stated in paragraph 12 of the affidavit. A further direction
E   was also issued directing the Department of Education along with Department
     of Labour, State of Gujarat to give particulars of number of children of
     school going age who are actually attending school and also who are not
     attending school in this area where educational facilities are available. This
     Court also requested the two NGOs, Gantar and SEW A to also file their
F    own assessment of the children as prevailing now so that this Court can
     verify the same with the report of the Departments.

          Pursuant to the above directions, a detailed Status Report on salt
    workers in Gujarat was submitted to this Court by Mr. K.B. Vasava, Deputy
    Secretary (Labour), Government of Gujarat. We have perused the Status
G   Report. The said report deals with the land used for salt production,
    structure of the salt industry and the action taken which has been divided
    into four categories namely, Category-I, Category-II, Category-III and
    Category-IV and the action taken by the State Government with the support
    and assistance of the Salt Commissioner (under Ministry of commerce,
H   Government of India) and NGOs which has taken a number of remedial
         NARENDERMALAV v. STATE [LAKSHMANAN, J.]                         781

steps for the welfare of salt workers and proper monitoring and evaluation.      A
The steps taken by the above authorities are listed in the Status Report
particularly with regard to the medical facilities provided by 21 mobile
medical vans of the SEWA (NGO) and Bhansali Trust (NGO) are also
having one mobile van for salt workers and some salt associations are
having ambulances. It is seen from the Report that there are 59 balwadis
for children of salt workers out of which 16 are run by SEWA. The Status         B
Report also deals with the educational facilities provided to the salt workers
and their children and the housing facilities provided for the salt workers.
The Status Report also deals with the ration cards issued to all the salt
workers and that the Empowered Committee has sanctioned Rs.48 lacs for
3 mobile fair price shops (FPS) covering Rapar/Santhalpur, Patdi/Dhrangadra,
Halved/Malia areas. The report deals with the providing of technical
                                                                                 c
training to salt workers. It also deals with the sustainable development and
the monitoring and evaluation and the inspections made by the team of
officers of Labour Department and the seminar/workshop which was jointly
organised by the Government of India and Government of Gujarat and
Confederation of Indian Industries at Ahmedabad. It is further stated that       D
on 19.05.2005, a major workshop on 'salt workers - Issues, Challenges and
Areas of Intervention' was organised by CARE India (Gujarat) based on
the study on salt workers by SA VE (Saline Area Vitalization Enterprise
Ltd.). A number of important recommendations which were made in this
workshop have also been elaborately mentioned in para 7.5. The report
                                                                                 E
further deals with outline of plan of action and the organisational issues,
technological issues, registration/vocational training, lease of land/railway
shipment quota and the financial assistance to NGOs/salt workers co-
operatives and also the issue of schooling. In conclusion, it is stated in the
report that a draft copy of this report was discussed with NGOs like
GANTAR, CARE India, SA VE, Agariya Hitrakshak Manch, Bhansali                    F
Trust, in a meeting held on 29.7.2005, at Mahatma Gandhi Labour Institute,
Ahmedabad. Besides representatives of Government Departments, Chairman
cum Managing Director of M/s. Hindustan Salt Works, Dy. Salt
Commissioner, Rural Labour Commissioner, Addi. Industries Commissioner,
Director of Primary Education, representative of Director, Central Salt &
                                                                                 G
Marine Chemicals Research Institute, Bhavnagar were present.

    It is thus seen from the detailed Status Report that the Government
of Gujarat is taking up this issue of socio-economic development of salt
workers in a holistic and sustainable manner, in collaboration with the
NGOs in Gujarat along with the Government of India. We place on record           H
    782                    SUPREME COURT REPORTS [2006] SUPP. 2 S.C.R.

A the status report submitted by Mr. K.B. Vasava in August, 2005.

          Mr. K.B. Vasava, Deputy Secretary (Labour), Government of Gujarat
    has also filed an affidavit on behalf of the State and furnished the details
    in regard to a number of measures, short term and long term, taken by the
    State of Gujarat for the welfare of the children of the salt workers and for
B   providing them with adequate number of schools/teachers on priority. On
    09.01.2006, the I Ith meeting of the Empowered Committee for salt industry
    and salt workers welfare was held, wherein a number of important decisions
    were taken namely:-

C         "i     In addition to the grant of Rs.593 .32 lakhs sanctioned on 3.1 I .2004
                 for providing drinking water to salt works and salt workers by the
                 Gujarat Water Supply and Sewerage Board, Gandhinagar, it was
                 decided to approve Rs. 535.63 lakh as additonal grant for
                 remaining 12 districts subject to final decision on operating and
                 maintenance charges.
D
          11.    An amount of approximately Rs.150 lakhs was approved for
                 providing health facilities to the salt workers (and including
                 maintenance grant). This includes mobile comprehensive Health
                 Care Units, additional medicines, organising medical camps etc.
E
          iii.   In addition to 3 mobile ration shops sanctioned earlier, it was
                 decided to sanction one more mobile ration shop for Kachchh
                 district and also provide grant for operating and maintenance.
                 Proposal for Rs. 16.62 lakhs was approved.
F
          iv.    It was decided to increase the amount sanctioned earlier for
                 uniforms for school children.

          v.     Under the Namak Awas Yojna, the progress was reviewed and
                 it was found that 417 houses are completed, 1219 houses are under
G                construction and I073 houses remain to be constructed."

           It is thus seen from the various reports and the affidavit filed by the
     State of Gujarat that they are making sincere efforts for the welfare of salt
     workers and their children in collaboration with the Government of India.
H    Since all the necessary steps have already bet:n taken, there is no need to
             NARENDERMALAVv. STATE[LAKSHMANAN,J.]                         783

    keep the Writ Petition pending. The Writ Petition is accordingly stands      A
    disposed of.

          We place on record our deep appreciation for the assistance rendered
    by Mr. Yashank Adhyaru, Sr. Adv. (A.C.) and the services rendered by
    Mr. Sanjeev Kumar Choudhary, learned counsel appearing on behalf of the
    petitioner, Ms. Hemantika Wahi, learned counsel appearing for the            B
    respondent-State and Ms. Kiran Bhardwaj, learned counsel appearing on
    behalf of Union of India.

    N.J.                                            Writ petition disposed of.




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