Rule Nisi. Counter affidavits of R.1 & R.2 and also R.3 filed.

2. This writ petition is filed for a Writ of Mandamus declaring the action of the 1st respondent in issuing G.O.Ms.No.173, dt.1-6-2009, Panchayat Raj Rural Development (RDII) Department, as illegal, arbitrary, unjust and violative of the provisions of the Constitution of India and also Right to move freely and Right to choose Employment of choice, apart from the principles of natural justice and consequently set aside the same and pass such other suitable orders.

3. Sri K. Nirmal Kumar Prasad, the learned Counsel representing the writ petitioners had taken this Court through the averments made in the affidavit filed in support of the writ petition and also the respective stands taken in the counter affidavits of R.1 & R.2 and also R.3 and would maintain that the very issuance of the G.O., is violative of Article 21 of the Constitution of India since several restrictions had been imposed on Gumpu Mestris. The learned Counsel also would maintain that Mahaboobnagar District is a backward District without any sources of employment of labour and because of lack of irrigation facilities and industries, the labour would be moving to different places in search of work and in search of livelihood and what all is being done by Gumpu Mestris is only to detect the work and inform the same and after going to the work spot, these Gumpu Mestris also would work on par with the ordinary workers and hence there is no question of any exploitation of labour whatsoever. The learned Counsel also would maintain that the very reasons mentioned in the G.O. impugned in the present Writ Petition are unsustainable and in fact far from truth. The learned Counsel also would maintain that certain of the facts narrated in the respective counter affidavits also are not correct statements. While further elaborating his submissions, the learned Counsel also pointed out that the Revenue and Labour Departments had recognized the system of Gumpu Mestris in Mahaboobnagar District basing on the ground realities of the District and had issued Identity Cards after collecting the prescribed fee of Rs.1,000/-. The learned Counsel also pointed out that the work of Gumpu Mestris being legitimate, the same cannot be found fault inasmuch as, the same is not prohibited by any of the statutes whatsoever. The Counsel also would point out that the system of paying advances of wages to workers has legal sanction under the Interstate Migrants Workers Act, the Contract Labour (R&A) Act, 1970 and also the Payment of Wages Act, 1936 and when that being so, such advances which are being paid are not in any way prohibited by any law whatsoever. The learned Counsel while further elaborating his submissions had pointed out to the relevant definitions under the Bonded Labour System (Abolition) Act, 1976 (hereinafter in short referred to as the for the purpose of convenience) and in particular pointed out to the definitions of advance, bonded debt, bonded labour, bonded labourer and bonded labour system and would maintain that since the action if any of these Gumpu Mestris would not fall within the meaning of expression advances, it cannot be said that the prohibition if any by this Legislation would be applicable even if this G.O. under challenge to be taken into consideration. The learned Counsel also pointed out that on the pretext that Gumpu Mestris are acting as middle-men and there is some element of exploitation, this G.O. had been thought of and instead of protecting the Constitutional Rights under the guise of this G.O., these Gumpu Mestris are being harassed and hence the G.O. is liable to be set aside.

4. Sri Zakir Ali Danish, the learned A.G.P. for Panchayat Raj representing R.1 and R.2 had taken this Court through the contents of the counter affidavit and also referred to certain of the instances where there had been both harassment and exploitation of these workers and would explain under what circumstances, the G.O. under challenge had been issued. The learned A.G.P. for Panchayat Raj also had taken this Court through the contents of the G.O. under challenge and would maintain that the reasons referred to in the G.O. being self-explanatory, the G.O. as such cannot be found fault. The learned A.G.P. also further explained the object of the G.O. and also referred to certain of the provisions of the and further referred to Article 23 of the Constitution of India and would maintain that in the interest of workers and in safe-guarding such interest of these workers, this measure had been taken and in the light of the contents of the G.O. itself, the said contents being self-explanatory, the G.O. cannot be found fault and hence the Writ Petition to be dismissed. The learned A.G.P. for Panchayat Raj also no doubt pointed out to certain of the instances specifically referred to in the counter affidavit.

5. The learned A.G.P. for Labour representing R.3 had taken this Court through the contents of the counter affidavit filed by R.3 and would maintain that in the light of the facts and circumstances well explained, the measure taken in this regard by issuance of the G.O. under challenge cannot be found fault.

6. Heard the Counsel. Perused the averments made in the affidavit filed in support of the writ petition, the averments made in the counter affidavit filed by R.1 and R.2 and also the averments made in the counter affidavit filed by R.3 and the other material placed before this Court.

7. Before taking up further discussion, it may be appropriate to have a glance at the G.O. under challenge, G.O.Ms.No.173, dt.1-6-2009 and the same reads as hereunder:-

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

NREGS A.P. Bonded Labour on migration Special strategy to rehabilitate the freed bonded labour Orders Issued.

PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD.II) DEPARTMENT

G.O.Ms.No.173 Dated:1-6-2009

Read the following:-

Read: 1. Minimum Wages Act, 1948.

2. The Contract Labour (Regulation and Abolition) Act,1970

3. The Bonded Labour System (Abolition) Act, 1976.

4. NREGS Act, 2005.

O R D E R:

It has come to the notice of the Government that, in Mahaboobnagar District, large number of labour are being engaged to work on worksites across the country on contract basis. Quite often the labour are lured into the contract by advancing huge amounts to the labour, who have to work to repay the loans. There are instances where such labour are forced to work at wages less than the minimum wages. Understandably, the system is perpetuated by a network of middle men locally called gumpu mestris.

A number of poverty alleviation programmes are being implemented by the Government which can effectively rescue labourers from the vicious cycle of poverty and indebtedness. But yet large number of labour are still becoming victims of the exploitative practice. National Rural Employment Guarantee Act has immense potential to address this challenge.

In order to ensure that poor labour of Mahaboobnagar are not forced into bonded labour by the gumpu mestris, Government hereby direct the District Collector, Mahaboobnagar to take up certain urgent measures as detailed below:

i) An intensive campaign shall be launched in the District to bring on record all instances of labour inducted into the exploitative distress migration by the gumpu mestris, in 2-3 weeks from now.

ii) Steps as per the law shall be taken to free the labour from the bondage, immediately. Since group mestries and forced labour is within the definition of bonded labour, District Collector is requested to enforce law and take stringent and deterrent criminal action against the perpetrators and release bounded labour.

iii) The freed labour shall be given work in their own villages under NREGS, without limiting to 100 days per family. The labour shall be facilitated, to earn wages from NREGS on continuous basis, so that they are not vulnerable to become bonded labour once again.

iv) The women of the freed labour families who are still outside the fold of SHGs shall be organized into SHGs and given access to credit under Pavalavaddi Program.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF

ANDHRA PRADESH)

Sd/-

PRINCIPAL SECRETARY TO GOVERNMENT (RD)

The contents of G.O. being self-explanatory, the same need not be further elaborated.

8. Be that as it may, the specific stand taken by the writ petitioners is that these petitioners are residents of Mahaboobnagar District and eking out their livelihood through manual labour in projects, roads and buildings and such other construction employments, both within the State and outside the State of Andhra Pradesh. Most of the labourers from the District are from SC and ST communities. As such, as in the case ever where, these workers are illiterates and unorganized and except that one or two Unions are trained to organize these workers. To organize these workers, by and large, it cannot be said that this would fall under the organized labour.

9. It is also stated that the tribals earlier used to live in the forest and were dependent on forest produce and now being relocated from the forest, due to naxalite problem, they are forced to place outside the forest area, thereby losing their traditional income from forest produce. Therefore, they are in search of employment elsewhere. Since the work is not available within the District and the NREGS also could not adequately provide work, the workers have no other alternative except to look for work elsewhere in the State and at times outside the State. Due to illiteracy, they are unable to locate the work available. Some of the workers who have some knowledge and education, explore the availability of work and inform the local labour and organize them to go for the work in small groups. They provide information on the place of work the particulars of wage and work and such other particulars and are of help to the unorganized labourers. In local language they are called as Gumpu Mestris.

10. Further it is averred that these Mestris are only guides and informants of work and are not employers or contractors or they are not paymasters. They cannot be termed as employers or paymasters within the meaning of any Labour Legislation, whatsoever. They only provide friendly guidance to workers to explore the work availability. Once the workers reach the place of work, these Gumpu Mestris become workers and work along with other labourers. Occasionally, they become liaison between employers/contractors and the illiterate workmen for better coordination of work in the work place. They help the workers to note the number of working days and also to avail the protection available under Law and guide the workers against possible exploitation if any.

11. It is also stated that while the matter stands thus, in the name of abolition of Bonded Labour system, these petitioners Gumpu Mestris are unfairly termed as perpetrators of Bonded Labour System and are being harassed most unfairly by the Revenue and Police officials in Mahaboobnagar District. It is further stated that Bonded Labour System comes into existence only when there is element of Bonded Debt and the same being specifically mentioned in the. In all cases of migrant labour, migrating within the State and outside the State, there is no Bonded Debt being incurred by any of the labourers. Neither there is Hereditary Debt from parents to children. The workers out of their dire necessity for work willingly move out of Mahaboobnagar District in search of work and these mestris only facilitate their search for work. In such a case and inspite of pleading by the helpless workers, the revenue officials for the reasons best known to them have started harassing them in the name of Bonded Labour System. The Revenue and Police officials are taking shelter under G.O.Ms.No.173, dt.1-6-2009, Panchayat Raj & Rural Development (RDII) Department wherein most unjustly the Gumpu Mestris are described the perpetrators of the Bonded Labour System.

12. It is also further averred that the petitioners are Gumpu Mestris organizing workers to find out a livelihood and they also work as coolies (more or less as head coolies) along with other workers. The Government has recognized their status as Gumpu Mestris and also issued Identity Cards to each one of them. The Assistant Commissioner of Labour, Mahaboobnagar District, the 3rd respondent herein, under the instructions of the 2nd respondent had issued Identity Cards to all of them vide Circular C3/6365/2006, dt.2-4-2008.

13. It is further stated that an amount of Rs.1,000/- is also collected by means of Demand Drafts as the prescribed fees for the issuance of Identity Cards through the Tahasildars of the respective mandals and the same having been transmitted to the 3rd respondent for the issuance of Identity Cards. It is also stated that the purpose of issuing the guidelines through the above mentioned circular, is to secure protection for workers from possible exploitation both within and outside the State. The system of issuing Identity Cards was also intended to regulate the Migrant Labour System. The cards are issued to the mestries so that they can help the administration for taking necessary action in case exploitation of labour is noticed in any form. Thus, the petitioners as Gumpu Mestris are friends of the workers and are helpers to the administration to help, identify places of exploitation if any. The Identity Cards are issued through the Tahasildars of concerned mandals. These facts could be seen from the letter of the 3rd respondent bearing No.C/713/09, dt.26-6-2009.

14. Therefore, the system of Gumpu Mestris had been legitimately accepted both by the Revenue and Labour Departments and that there are number of cases where petitioner-mestris had brought the cases of non-payment and less payment of wages by the contractors and principal employers to the notice of the officers of the Labour Department and got paid the due wages. Thus, the petitioners only facilitate and help the workers in their work place and are not employers/paymasters and much less creditors within the meaning of the. Further it is stated that when the matter is thus, that the Revenue and Labour Departments accepted the existence of the petitioners and issued Identity Cards after collecting prescribed fees, it is most unjust and unfair to term and call them perpetrators of the Bonded Labour System.

15. Further it is stated that the Government issued the impugned G.O.Ms.No.173, dt.1-6-2009, Panchayat Raj and Rural Development (RDII) Department, wherein the petitioners are termed as perpetrators of Bonded Labour System. This act of the 1st respondent is humiliating and degrading the petitioners basic human dignity to pursue a Legitimate Mode of their Livelihood. The impugned G.O. violates petitioners basic freedom to move within the country freely.

16. It is also averred that the petitioners have no dispute with the intention of the Government in alleviation programs through NREG Scheme and they are also happy that the 1st respondent issued instructions not to limit the NREGS programme to 100 days in Mahaboobnagar District. Further it is stated that the ground realities and facts cannot be ignored at the same time. Except one mandal, out of 64 mandals in the District, nowhere the promised work of 100 days were provided to workers. In 55 mandals, the work provided was less than 20 days. In 12 Mandals, not on a single day, work was provided. These figures are from the official records under NREGS.

17. While the facts are such, poor workers do not have any option except to look for work elsewhere and the petitioners as Gumpu Mestris facilitate them to find the places where there is availability of work and guide them to those places. When the Government cannot provide the work, even under the much publicized NREGS scheme, the Government has no right to stop the workers to look to work elsewhere. It is also averred that the impugned G.O.Ms.No.173, dt.1-6-2009, Panchayat Raj and Rural Development (RDII) Department is violative of petitioners right to move freely throughout the territory of India and also is violative of basic principles laid down under the Constitution of India and therefore is liable to be struck down.

18. The impugned G.O. refers to certain Labour Enactments:

1) The Minimum Wages Act, 1948;

2) The Contract Labour (Regulation & Abolition) Act, 1970;

3) The Bonded Labour System (Abolition) Act, 1976; and

4) NREGS Act, 2005

19. What is paid to them at the time of starting from Mahaboobnagar District is only an advance of future wages, so as to provide for the other members of the family who are left out at home and also to meet the travel expenses which are usually associated with travel. The Interstate Migrant Workers Act also provides for such payment of advances. As such there is no irregularity or bonded debt involved in this process.

20. Further it is also stated that the wages at the place of work are paid by the employer, if directly employed or paid by the contractor (Licence under CL Act) or by the Licence under the Interstate Migrants Workers Act. The Gumpu Mestris have no say or role in the payment of wages. The responsibility is totally on the contractors/employers and if any violation of any law is noticed regarding payment of wages or other provisions of law, the persons to be dealt with are the employers/contractors. In all such cases, where violations are noticed the workers themselves bring it to the notice of the concerned Officers with the help of the mestris or trade unions.

21. It is also averred that the role of the mestris ends at the arrival of workers at the work place, they cannot be termed as employers of Bonded Labour by any stretch of imagination. But to everybodys surprise, these mestris are termed as perpetrators of Bonded Labour and are being arrested by the Revenue Officials and the Police officials in the name of Abolition of Bonded Labour System.

22. Further it is averred that when the essential ingredients of Bonded Labour, the bonded debt and the forced work and preventing them to leave the work are absent, how in the impugned G.O., they are called as perpetrators of Bonded Labour. The workers are free to move from place to place, from employer to employer in the same place at their own free will and have liberty to approach the Labour Department Officers whenever grievance may arise. This fact can be ascertained from the Officers of the Labour department who are conversant with the system of redressal of grievances.

23. It is also averred that in the last few days, certain arrests had been made in Mahaboobnagar District and workers are subjected to untold misery and trouble. It is reliably learnt that the impugned G.O., is the cause and provocation for such arrest in the Districts. Some of the arrested workers had also approached this Court for quashing of the said FIRs filed against them. The petitioners are prevented in entering into employment of their own choice. Preventing the petitioners under the guise of the impugned G.O., is denying their right to employment.

24. Further it is stated that even for a moment assuming that there is exploitation by middle men, the employment starts at the place of work. The principal employer or the contractors at the place of work should be held responsible and dealt with as per law but the poor Gumpu Mestris who are only facilitators for the workers cannot be held liable. Migrating to other States for work is not prohibited per se. The Act regulates the conditions of work of migrating Labour. Any action necessary could be initiated under the said Act and the provisions of bonded labour cannot be invoked in the case of Gumpu Mestris.

25. It is also stated that the petitioners are against any possible action to be taken against erring employers/contractors if any work is harassed or put to trouble. The machinery provided under the Labour Department could be strengthened to deal with all such cases firmly. But to take action against Gumpu Mestris who are friends and facilitators of workers, is illegal, and unconstitutional and beyond the scope of any existing Labour Law. It puts fretters on the choice of employment and movement of workers both within and outside the State of Andhra Pradesh for employment. The above mentioned G.O. is unconstitutional and needs to be revoked forthwith.

26. It is also stated that A.P.Contract Labour (R&A) Rules, 1971 provides for payment of advances and also for repayment of such advances by the worker. Section 29 of the Contract Labour (Regulation 7 Abolition) Act, 1970 provides for maintenance of certain registers including the Register of Advances. A.P.Rules prescribe form XDXII under Rule 78 (1)(a)(ii), which is extracted as under:-

1. Sl.No. :

2. Name :

3. Fathers/Husbands name :

4. Nature of employment/Designation:

5. Wage Period & Wages payable :

6. Date and Amount of Advance given:

7. Purpose (s) for which Advance made:

8. Number of installments by

which advance to be repaid :

9. Date and amount of each

instalment paid :

10. Date on which last instalment

was repaid :

11. Remarks :

Thus, it could be seen from the above proforma that payment of advances (6th column) is within the frame work of Contract Labour Act and the Rules made there-under. Such advances are permissible under Law. Several grounds had been raised in the affidavit filed in support of the writ petition wherein the G.O. aforesaid had been challenged.

27. In the counter affidavit filed by respondents 1 and 2 several of the averments had been specifically denied. Specific stand had been taken that the Government of India had enacted National Rural Employment Guarantee Act, 2005 (NREGA) with an object to provide for enhancement of livelihood security of the households in the rural areas of the country by providing at least one hundred days (100days) of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work and for matters connected there with are incidental there to and that is being implemented under the control and supervision of the District Collectors through the Project Director, DWM (District Water Management Agency). It is further averred in para 3 that the local Mestris called Gumpu Mestris are in the habit of giving few thousands as advance amounts to the poor and needy families and lured them to work at different places for a good amount. The poor, innocent and illiterate people believing the Gumpu mestries goes out of their village along with the Gumpu Mestries for eking their livelihood, but after reaching to the work site, the Gumpu Mestries forced them to work for less wages, without basic amenities and under highly unhygienic conditions.

28. It is also averred in para 4 that one such incident of believing the Gumpu Mestris, few families work at Mancherial in Adilabad Districts and 12 labours died on 24.05.2009 during the excavation of canal. Thereupon, the Govt. felt it is necessary to take some welfare measures for the labourers who are forced to work at wages less than the minimum wages. As such, a G.O.Ms.No. 173, PR & RD (RD-II) Dept, dated 01.06.09 was issued wherein it has been specifically directed that the bonded labours under the control of Gumpu Mestries shalll be released and be given the work under the NREGS without limiting to 100days per family.

29. It is further stated that the contentions of the petitioners that the tribals are displaced and relocated out side the Forest area losing their traditional income from Forest Produces is not correct. As on today, Majority of Chenchu PTG (Primitive Tribal Groups) Tribals are living inside the Forest. Some are living near to forest. They are innocent illiterate people depending on forest products available local wage Employment or on the land given by the Govt. Gumpu Mestries who are labour contractors exploiting these innocent people, by taking them on Migration to faraway places by giving them advances. Further in reply to para 4 of the affidavit filed in support of the Writ Petition in reply thereto, in para 6 of the counter affidavit it is stated that the contention of the petitioners that Gumpu Mestries are only the Guides of the labourers is not correct Gumpu Mestries are not workers and they do not work along with other labour. Gumpu Mestri is the main person at village level who forces the labour to work without minimum wages in pathetic conditions in collusion with the contractor/builders.

30. Gumpu Mestri gets the huge amounts from the employer or the contractors for the supply of labour. He gives the advances to each labour by entering either in written or oral agreement based on their Physical strength. The labours get their daily wage from Gumpu Mestri, which is called as PAATU. Usually this wage is Rs.1250/- per month with two holidays (mankam) for 10 to 12 hrs a day. Labour have to do the work for 10 months and work for equal amount received as advance. If he/she fails to repay the advance by way of the daily wage work, he has to either pay the amount or enter into the contract for next year. Many times labourers prefer 2nd year contract as they are not in a position to repay. It rotates like vicious circle. In this process, if the labour are absent for work or sick, the wage will be deducted and the cost of medicines is also deducted from the wages payable to him. Gumpu Mestri is the direct controlling person on migrant labour. Therefore the Government have proposed stringent and deterrent criminal action under Bonded Labour Act 1976.

31. It is also stated that the Gumpu Mestris perpetrate Bonded Labour System, as they enter into an agreement either in written or oral, giving advances, decides daily wages which is below minimum wages. They do not allow the wage seekers to comeback from the work site. The Gumpu mestry shifts these labours from one site to another according to the requirement of builders/contractors. In fact, there is no direct agreement between Employer / Contractor and Wage Seekers. Gumpu Mestry acts as middleman and takes advance amount from the Employer / Contractor and gives money as advance to wage seekers, as per their whims and fancies.

32. It is also further stated that Section 2(i)(b) of the Contract Labour (Regulation and abolition) Act, 1970 refers debtor and creditor and section 2(1)(e) and 2(1)(g) of the Interstate Migrant Workmen Act, 1979 referenced Contractor and Principal Employer. As per section (2) of Bonded Labour System (Abolition) Act 1976:

(a) advance means an advance, whether in cash or in kind, or partly in cash or partly in kind, made by one person (hereinafter referred to as the creditor) to another person (hereinafter referred to as the debtor);

(b) agreement means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality.

(c) ascendant or descendant, in relation to a person belonging to a matriarchal society, means the person who corresponds to such expression in accordance with the law of succession in force in such society;

(d) bonded debt means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of, the bonded labour system;

(e) bonded labour means any labour or service rendered under the bonded labour system;

(f) bonded labourer means a labourer who incurs, or has, or is presumed to have incurred, a bonded debt;

(g) bonded labour system means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have entered into an agreement with the creditor to the effect that

(i) In consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such

advances is evidenced by the document) and in consideration of the interest, if any, due on such advance, or

(ii) In pursuance of any customary or social obligation, or

(iii) In pursuance of any obligation devolving on him by succession, or

(iv) For any economic consideration received by him or by any of his lineal ascendants or descendants, or

(v) By reason of his birth in any particular caste or community, -

he would

(i) Render, by himself or through any member of his family, or any person dependent on him, labour of service, to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or

(ii) For the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or

(iii) forfeit the right to move freely throughout the territory of India, or

(iv) forfeit the right to appropriate or sell at market-valye any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system or forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have entered into an agreement with the creditor to the effect that in the even of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor;

33. Further it is stated that whenever any advances are given by Gumpu Mestries on behalf of employer and the agreement takes places in between the Gumpu Mestries and labour as such migrated labour who are working under force by Gumpu Mestries comes under the definition of Bonded Labour. The Migrated Labour are not being provided minimum requirements as per the law even they are deprived of basic medical facility due to which deaths also being noticed, and no compensation is being paid to the effected families, there are cases where if the labour fell sick, the family members including minor children are forced to work on behalf of the labour. Therefore, the labour who are known as palamoori labour is treated as bonded labour.

34. It is also further stated that it is a fact that instructions had been given to register the Gumpu Mestris, who are working as labour Contractors, and to issue the Identity Cards in order to identify them and to Secure affective protection of labourers against their exploitation. Both in the state from where they recruited and also out side the state where they are engaged to work, it is also proposed to regulate the migrant system of Inter- State and Intra State migration it is also convenient to identify to the Gumpu Mestri easily in the district, for taking necessary action immediately at the time of exploitation of workers. So far only 240 Gumpu Mestries have applied for ID cards. According to information, still 2560 Gumpu Mestries are operating illegally without any registration. Even Gumpu Mestries who obtained ID cards so far did not apply for license to hire labour as per the requirement of contract labour (Regulation and abolition Act 1970).

35. Section-12, Contract Labour (Regulation and abolition Act 1970) deals with licensing of Contractors which is

1) with effecting from such date as appropriate Government may by notification in official Gazatte, appoint, no Contractor to whom this Act applies, shall under take to execute any work through Contract Labour, except under and in accordance with a license issued in that behalf by the licensing officer.

2) Subject provisions, this Act a license under sub (section-1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as appropriate government may deem fit to impose in accordance with the rules, if any, made under section-35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for performance of the conditions as may be prescribed.

36. It is also averred that it is not correct that the Gumpu Mestris are accepted both by Revenue and Labour Departments. Persons who register themselves have to comply with the provisions of the labour act. If they fail to pay minimum wages and prevent them from moving one place to another and use coercive measures violates fundamental rights of the labour, Govt. is at liberty to initiate action against such persons. Mere registration does not confer any right on them to engaged labour without getting proper licence. Even after getting licence, they should provide labourer with all amenities. Further it is stated that they enter into an agreement with only Gumpu Mestry, who are residents of their village / mandal / district. Gumpu Mestry is entering into an agreement with labour either orally or in written and he is paying the advance to the labourers, he is deciding daily wages. Gumpu Mestry takes labour along with him and supplies labour to the contractors wherever required. Gumpu Mestry is sending the labour to various contractors in various places. Therefore the Gumpu Mestry is the direct controlling person, forces them to work without paying minimum wages.

37. Further it is stated that the report submitted by the petitioners is in progress for the month of May only but upto July-2009 for the year 2009-10 in Mahabubnagar District, 2,80,963 number of wage seeking families and 4,99,776 number of adults member of their families, demanded for the works, and sanctioned the works accordingly. 16,794 number of families completed 100 days of wage Employment and 16,254 number of families completed 75 days of wage Employment, 2,12,741 number of families availed 50 days of employment, 35,174 completed more than 30 days and still 8 months are left for this year, sufficient wage work will be provided for wage seeking families. The Government have observed that providing 100 days wage employment is not sufficient for these migrant families, because, Failure of rainfall and severe drought conditions agriculture sector is not in a position to provide employment for remaining days. Therefore the G.O. issued to provide continuous employment without limiting 100 days on demand. Working under NREGP does not amount to bonded labour. NREGP work is provided on demand and as per the choice of the wage seekers works like land development, horticulture, providing irrigation facilities to SC/ST families etc., will be taken up in the lands of (BPL) Below Poverty Line families in which migrant labour families also included, and the regular payment of wages is being paid through post offices to ensure and avoid middle man.

38. It is further averred that it is not a fact that the impugned Go. Ms. No. 173 Rural Development -II Department dated : 01.06.2009 is violating the right of petitioners to move freely through out the territory of India, and also is violative of basic principles laid down under the constitution of India. The above G.O is intended, to take action against erring Gumpu Mestries, who violate the fundamental rights of the labour law. Therefore the contention of the petitioners is not correct.

39. Further it is stated that petitioners had accepted that they are paying amounts to the labourers as advance of future wages, so as to provide for the other members of the family, who are left out at Home and also to meet the travel expenses at the time of staring from Mahabubnagar, which means the petitioners who are the Gumpu Mestries are acting as Labour Contractors and Supplier to the big builders/contractors. In fact, one Gumpu Mestri, Sri Anandam of Addakal paid advances, took them to Manchiryala and forced them to work in very unsafe conditions resulting in death of 12 persons including a minor boy. Criminal case had been lodged against the Principal employer as well as the Gumpu Mestri in this case. IT is further submitted that , the acceptance of the Petitioners that they pay advances to the labours clearly established that the poor labours are under the control of the petitioners and they are forced to migrate from place to place in order to repay the advance amounts paid by the Gumpu Mestries and the labours are forced to work 12hrs. a day without any weekly break for a meager amount of Rs.45 to 50/- per day per labour which is much less than the prescribed minimum wage for a labour under Labour Act.

40. It is further submitted that the Gumpu Mestries or the Builders for whom these labours works they do no even provide the basic amenities like drinking water, toilets, huts and the labours are forced to live in temporary tarpaulin or thatched sheds with no lights and no ventilation to it. Therefore, the Petitioner cannot claim that their role comes to an end as and when the labours arrive at the work place since the Gumpu Mestries are the agents of the contractors and builders, necessarily they have to provide all amenities for a proper living of a labour.

41. In fact, in the year 2006, there was an incident that about 380 labours comprising of Lambadas and Chenchus were taken to the State of Meghalaya for construction of a Dam by Gumpu Mestries by misleading the laoburs that they are taking them from Mahabubnagar to work in different districts of A.P. like Warangal and Karimnagar. But in fact they were taken to Meghalaya wherein they were left with no proper facilities or even proper food. The contractor there, used to supply only Rice and Dal thrice a day. Even in medical emergency, the labours were deprived of basic medicines due to which two labours died in pitiable condition and the Gumpu Mestries or the contractor did not even bothered to inform the relative of the deceased about their death. In that case, the person responsible by name Niranjan Reddy, Gumpu Mestry was prosecuted under Bonded Labour Act, 1976 and convicted by JFCM of Nagarkurnool, Kollapur and Atchamet of Mahabubnagar District. It is stated that taking into consideration the various incidents as stated supra, the Govt. of A.P. issued G.O.Ms.No. 173 dated 01.06.09 to ensure that the labours who are forced to work under the control of Gumpu Mestries be liberated from the clutches of the Gumpu Mestries like petitioners and be given employment under NREGS without limiting it to 100 days wage employment.

42. In fact after issuance of the above said G.O., a Task force team for abolition of baonded labour system was constituted by Govt of A.P. on 13.07.09 with the following members :

Project Director, DWMA - Programme Co-ordinator with an Addl Programme Co-ordinator and 3 other members. The main taks assigned to this team is identify the bonded labour cases and file cases with all relevant information before the Revenue Courts monitor the disposal of the cases, visit the work site to ensure the liberation of the bonded labours, facilitate provisions of the NREGS scheme, continuous wage employment, coverage of women and self helped group and the above referred team is actively functioning to achieve the task assigned to them. So far, 47 cases have been booked against the Gumpu Mestries on the charges of detaining and forcing the labours to work as bonded and so far 287 labours have been freed and steps were taken to rehabilitate them.

43. Specific stand had been taken that the statements recorded from the labourers who were liberated from the clutches of Gumpu Mestris would clearly establish that the poor labourers are forced to work as bonded labour. The copies of release orders of labours and Bail Orders of Gumpu Mestris also had been placed before this Court. Thus, further specific stand had been taken that only with a view to avoid exploitation, in the light of Article 23 of the Constitution of India, this action had been thought of and the impugned G.O. had been issued.

44. In the counter affidavit filed by R.3 it is stated that traditionally workers from Mahaboobnagar District migrate to other places for work since very long period even prior to Independence. They migrate within the State and outside the State also. It is true that Maistries who are locally called as Gumpu Mestris and they take batches of workers to places, wherever is a availability of work.

45. It is further stated that some maistries are financially well off and they pay advance wages to workers besides meeting travel land other expenses. In this process, these work as a link between the Contractors and the workers. There are many instances where these Gumpu Mestris try to force the workers to work at project sites without following the statutory provisions of Law. It is further averred that the workers because of personal need and necessity of money, they are willing to move out of Mahaboobnagar District in search of work. But in certain cases, they are being exploited by the Gumpu Mestris. The old practice of the Gumpu Mestris to recruit the labourers from Mahaboobnagar District to within and outside the State.

46. It is true that the 2nd respondent District Collector had issued instructions in Circular No.C3/6365/2006, dt.2-4-2008. It is true that this respondent issued identity cards to Gumpu Mestris as per the instructions of the District Collector, Mahaboobnagar. Issuing of "identity cards is only to identify the Gumpu Mestris how many are existing in the District and it will also be very convenient to this Department to identify the maistries while exploiting the labourers from the District and an amount of Rs.1,000/- in the shape of Demand Draft received through the Tahasildar concerned towards security deposit. The same Drafts are deposited in the bank. Certain further averments had been made in reply to paras 8, 9, 12, 13, 14, 15, 17, 18, 20, 21 as well. And further specific grounds raised also it is stated that no remarks from the Labour Department as G.O. pertains to Panchayat Raj and Rural Development Departments.

47. No doubt, stand had been taken that it is true that identity cards had been issued to Gumpu Mestris as per the instructions of the District Collector, Mahaboobnagar as per Circular No.C3/6365/2006, dt.2-4-2008 in order to secure effective protection within the State and also outside the State where they are recruited and where they are engaged to work. The Payment of Wages Act and the Contract Labour (R&A) Act, 1970 also had been referred to.

48. The contents of the G.O. already had been specified supra. Section of the already referred to above deals with definitions. Section 2(a) defines advance as in this Act, unless the context otherwise requires, advance means an advance, whether in cash or in kind, or partly in cash or partly in kind, made by one person (hereinafter referred to as the creditor) to another person (hereinafter referred to as the debtor). Section 2(d) of thedefines bonded debt as hereunder:-

In this Act, unless the context otherwise requires, bonded debt means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of the bonded labour system.

Section 2(e) defines bonded labour as hereunder:-

In this Act, unless the context otherwise requires, bonded labour means any labour or service rendered under the bonded labour system.

Section 2(f)) defines bonded labourer as hereunder:-

In this Act, unless the context otherwise requires, bonded labourer means a labourer who incurs, or has, or is presumed to have, incurred, a bonded debt.

Section 2(g) defines bonded labour system as hereunder:-

In this Act, unless the context otherwise requires, bonded labour system means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that, -

i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or

ii) in pursuance of any customary or social obligation, or

iii) in pursuance of an obligation devolving on him by succession, or

iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or

v) by reason of his birth in any particular caste or community,

he would

1) render, by himself or through any member of his family, or any person dependant on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or

2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or

3) forfeit the right to move freely throughout the territory of India, or

4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependant on him, and includes the system of forced, or partly forced, labour under which a survey for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor.

Explanation:- For the removal of doubts, it is hereby declared that any system of forced, or partly forced labour under which any workman being contract labourer as defined in clause (b) of sub-section (1) of Section 2 of the Contract Labour (Regulation and Abolition) Act, 1970, or an inter-State migrant workman as defined in clause (e) of sub-section (1) of Section 2 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, is required to render labour or service in circumstances of the nature mentioned in sub-section (1) of this clause or is subjected to all or any of the disabilities referred to in sub-clauses (2) to (4) is bonded labour system within the meaning of this clause.

49. Submissions in elaboration had been made that inasmuch as the prohibition if any in the light of the definition of advance would not be attracted in the case of advances which if any be made by these Gumpu Mestris in the light of the same since there is no bar or prohibition in Law the issuance of G.O. is violative of Article 21 of the Constitution of India. This appears to be the main ground of attack by the learned Counsel representing the writ petitioner.

50.. Article 23 of the Constitution of India deals with prohibition of traffic in human beings and forced labour and the said provision reads as hereunder:-

(1) Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this Article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

In this context, it may not be out of context if the observations made in BANDHU MUKTI MORCHA v. UNION OF INDIA (AIR 1984 S.C., 802) are referred to. The law relating to exploitation of labour and avoidance thereof and the steps to be taken in this regard being well-settled, the same need not elaborately be discussed.

51. In the light of the specific stand taken in the counter affidavit of R.1 & R.2, and also on a careful reading of the contents of the G.O. under challenge, which had been already specified supra, this Court is thoroughly satisfied that after considering all the aspects and carefully examining and also keeping in view the true spirit of Article 23 of the Constitution of India, the Government had thought it fit to issue a G.O. for the purpose of avoiding exploitation.

52. This Court is thoroughly satisfied that this is in a way a Labour Welfare Measure, with a view to safeguard the interest of the workers, that too to protect workers from the clutches of middle-men, this G.O. had been issued. Hence, the G.O. cannot be found fault in any way.

53. Accordingly, the Writ Petition being devoid of merit, the same shall stand dismissed with costs.