Ref: AIR 1982 SC 1480
Sub:- This case is based on a Public Interest Litigation on a subject related to the Bonded Labour System (Abolition) Act, 1976.
Facts of the case :-
1. In the instant case, People's Union For Democratic Rights is an institution which has, through a letter, informed the Supreme Court that fundamental right and legal right of the workers engaged in the scheme of the Asiad Games are being infringed upon.
2. The contractor is giving wages to the workers by deduct- ing Rs. 1 as a commission at the time of payment of Rs. 7 to women and Rs. 8 to the men workers.
3. The institution stated that in this scheme, the workers are being made to work as bonded labour and they are not being paid even a minimum wages.
4. Supreme Court allowed this letter treating it as a writ under Article 32.
Supreme Court :-
At the time of hearing, the court held that the labour class of this country, what so ever sector they belong, they can directly or through a organisation, give an application, they need not to follow procedural rules of the Court and this is the utmost duty of the Court to issue directions to the Authorities concerned to check the inhuman treat- ment being meted out to the workers, so that different labour laws are fully well applied and their exploitation be ended.
In order to decide this matter the Court confirmed the principle of 'Equal pay for Equal work' and also issued directions for payment of equal wages to male and female workers.
The Court held that non-payment of minimum wages to the workers engaged in different schemes is violation of the right to livelihood with human dignity.
According to Justice Shri Bhagwati, the workers are provided rights and benefits under several labour laws so that the human dig- nity is maintained and if they are denied this right, it will be violation of Article 21.
Judgment:- Petition allowed
Law points :-
1. Article 21 provides right to livelihood with human dig- nity.
2. Equal payment for equal work is a fundamental right of every worker.
3. The purpose of Public Interest Litigation is to protect pub- lic interest and to safeguard the fundamental rights of any class of people.
4. The labour class of this country, what so ever sector they belong, they can directly or through an organisation, give an application.
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