SUPREME COURT OF INDIA
Narender Malav
Vs
State of Gujarat and Others
Writ Petition (Civil) 9 of 2001
(Dr. Ar. Lakshmanan and L. S. Panta, JJ)
19.05.2006
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 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 2001. 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
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 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 SEWA to also file their 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 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, Government of India) and NGOs which has taken a number of
remedial steps for the welfare of salt workers and proper monitoring and
evaluation. 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 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 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 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 SAVE (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 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, SAVE,
Agariya Hitrakshak Manch, Bhansali 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, Addl. Industries
Commissioner, Director of Primary Education, representative of Director,
Central Salt & 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 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 providing them with
adequate number of schools/teachers on priority. On 09.01.2006, the 11th
meeting of the Empowered Committee for salt industry and salt workers welfare
was held, wherein a number of important decisions were taken namely:-
"i In addition to the grant of Rs.593.32 lakhs sanctioned on 3.11.2004
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.
ii.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.
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.
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 construction and 1073 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. Since all the
necessary steps have already been taken, there is no need to keep the Writ
Petition pending. The Writ Petition is accordingly stands 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 respondent-State and Ms.Kiran Bhardwaj,
learned counsel appearing on behalf of Union of India.