Dr. Damodar Panda etc. v. State of Orissa etc.

Case Details & Bench

Court: High Court
Hon'ble Judges: Ranganath Misra
Kuldip Singh
Judgment Date: 1990-07-16
Court Decision / Holding: Direction that every State/UT must permit originating-state migrant labour officers to hold appropriate inquiries within recipient States for enforcement of the Act, and that no recipient State shall place embargo or hindrance in such process. The order is to be complied with; the petitions are disposed of, without costs.
Final Disposition: Disposed of with directions

Parties to the Case

Appellants / Petitioners

Dr. Damodar Panda

Respondents

State of Orissa

Legal Representation & Advocates

Counsels for Petitioners

• K.V. Sreekumar

Counsels for Respondents

• V.C. Mahajan
• A.K. Panda
• Ms. C.K. Sucharita
• Ms. A. Subhashini

Case Synopsis & Summary

These petitions address enforcement of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, particularly Section 20, which provides for inquiries by officers of the originating state within the recipient state for enforcement. The Union of India, in an affidavit, contends that Section 20(3) contemplates cross-border inquiries only with the recipient state's assent, and that this renders enforcement impracticable. The petitioners submit that the Act is beneficial, aligned with constitutional guarantees and international obligations, and that origin-state officers must be empowered to conduct inquiries in the recipient state to ensure compliance and protection of migrant workers. The Court recognises the Act’s beneficial character and constitutional duties, and holds there is no valid justification to bar such inquiries. It notes there is no necessity to hear all other States before issuing an order under Section 20(3). One petitioner (Orissa) agrees that, as a recipient, Orissa has no objection to origin-state officers conducting necessary inquiries within its territory. The Court then directs that every State and Union Territory must permit origin-state officers to undertake appropriate inquiries within recipient States for enforcement, and no recipient State shall hinder this process. The order is issued without hearing other States, with liberty to seek modification if needed, and the petitions are disposed of with no costs.

Provisions of Law Cited

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Section 20Section 20(3)Constitution of India - Article 32

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners argued that the Inter-State Migrant Workmen Act, 1979 is a beneficial statute designed to protect migrant workers and that officers of the originating State must be empowered to conduct inquiries within the Recipient State for enforcement, without onerous prerequisites. They relied on the Act’s purpose and urged that enforcement could be achieved through cooperation of States to implement Section 20(3).

Contentions of Respondents

Respondents contended that Section 20(3) requires that inquiries by originating-state officers be conducted within recipient States only with the latter's consent, and that practical enforcement requires a workable mechanism respecting the distribution of powers among States. They argued for a scheme that is functional, while acknowledging the need for cooperation; the Union of India supported a workable mechanism, but the Court ultimately issued directions to ensure nationwide compliance.

Extracted Judgment Text

Exact text extracted from official judgment records.

A B DR. DAMODAR PANDA ETC. _v._ STATE OF ORISSA ETC. JULY 16, 1990 [RANGANATH MISRA AND KULDIP SINGH, JJ.) #### Inter-State Migrant Workmen (Regulation of Employment and '>--. _Conditions of Service) Act,_ _1979:_ _Section 20_ _Provisions of the ActJmplementation of-Direction by Supreme_ C _Court-Officers_ _of originating State_ _of Migrant_ _Labour-Can_ _hold_ _enquiries within the limits of the Recepient State for enforcement of the_ _Act._ In these petitions on the question: as to how the provisions of the Inter-State Migrant Workmen (Regulation of Employment and CondiD tion of Service) Act, 1979 can be enforced. Disposing the Writ Petitions, this Court, HELD: 1. Inter State Migrant Workmen (Regulation of Employ ment and l:onditions of Service) Act, 1979 is a beneficial legislation for E satisfying the provisions of the Constitution and the obligation in international agreements to which India is a party. There is no valid justification for not permitting the officers of the Originating State to hold appropriate enquiries in the Recepient State in regard to persons of the Originating State Working as migrant labour in the Recepient State. [39ID-E) F 2. To implement the provisions of the Act every State and Union Territory in India would be obliged to permit officers of originating States of migrant labour for holding appropriate inquiries within the limits of the Recepient States for enforcement of the statute and no Recepient State shall place any embargo or hindrance in such process. [391GJ G ORIGINAL JURISDICTION: Writ Petition (Civil) No. 511 of 1988. WITH Writ Petition (Civil) No. 975 of 1988. H 390 ##### --'. ###### '-<-## .. ### 4 >:-~ ~ ,DAMODAR PANDA >. STATE OF ORISSA 391 (Under Article 32 of the Constitution of!ndia). K.V. Sreekumar, (N.P.) forthe Petitioners. V.C. Mahajan, A.K. Panda, Ms. C.K. Sucharita, and Ms. A. Subhashini for the Respondents. The Court delivered the following Order: One of the matters which arises for consideration in this Writ Petition is as to how the provisions of the inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, and particularly of section 20 thereof can be enforced. In the affiilavit filed by the Union of India in the Ministry of Labour it has been stated ##### >- that in view of the scheme contained in secnon 20(3) of the Act that officer of the Originating State can make enquiries within the Recepient State provided the Recepient State agrees to such Officers of the Originating State operating within that State, the law has not become workable in a proper way. This is a beneficial legislation for satisfying the provisions of the Constitution and the obligation in international agreements to which India is a party. We do not think there can be any valid justification for not permitting the officers of the Originating State to hold appropriate enquiries in the Recepient State in regard to persons of the Originating State working as migrant labour in the Recepient State. We do not think that there is any necessity to hear the other States before making an ordP,r for enforcing section 20(3) and to give effect to the legislative intention contained therein. A B #### c D E F G ##### - } # --\ :Mr. Panda appearing for the State of Orissa has agreed that Orissa State has no objection to officers of any originating State holding necessary enquiries within Orissa when it is a Recepient State. We would, therefore, make a direction that to implement the provisions of the Act of 1979 referred to above every State and Union Territory in India would be obliged· to permit Officers of originating States of migrant labour for holding appropriate inquiries within the limits of the Recepient States for enforcement of the statute and no Recepient State shall place any embargo or hindrance in such process. Copy of this order shall be sent to the Chief Secretary of every State and Union Territory for compliance. We are cognizant of the fact that this order has been made with- H 392 SUPREME _COURT_ REPORTS [1990] 3 S.C.R. A out hearing the States other than Orissa and the Union Territories. In the event of any State or Union Territory is of the opinion that the _-f_ direction should be modified, liberty is given to apply for modification of the order but until it is modified it shall remain in force. The Writ Petitions are disposed of with this order. No costs. B T.N.A. Petitions disposed of.