Compensation in the case of Bonded Labour

 ---------- Forwarded message ---------

From: <nhrc.india@nic.in>
Date: Wed, Nov 25, 2020, 14:40
Subject: Concluded and No Further Action Required(CLD) - 5362/24/39/2017-BL
To: <pvchr.india@gmail.com>

Case No.- 5362/24/39/2017-BL

NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)

* * *

MANAV ADHIKAR BHAWAN, BLOCK-C,

G.P.O. COMPLEX, INA, NEW DELHI- 110023

Fax No.: 011-24651332    Website: www.nhrc.nic.in

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Date : 25/11/2020

To,

SHRUTI NAGVANSHI, MANAGING TRUSTEE MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2A, DAULATPUR, VARANASI , UTTAR PRADESH 221002 Email- pvchr.india@gmail.com , Mob No- 9935599330

Subject: Concluded and No Further Action Required(CLD) -5362/24/39/2017-BL.

Sir/Madam,

With reference to your complaint dated 18/02/2017. I am directed to say that the matter was considered by the Commission on 25/11/2020. The Commission has made the following directions:

The Commission has received a complaint dated 18/02/2017 from Shruti Nagvanshi, Managing Trustee, Peoples Vigilance Committee on Human Rights, Varanashi, Uttar Pradesh alleging that after the death of three labourers after entering into brick kiln hole, 8 of their family members namely Pradeep S/o Jagru and 7 others, who are residents of Village Natiya, PS Ghaghara, District Gumla, Jharkhand, are being held as bonded labourers by owner of the brick kiln namely Maruthi Brick Kiln located at Dilla Ka Pura, PS Kerakat, District Jaunpur, Uttar Pradesh.   It has also been alleged that they are being exploited and not being paid their wages and when asked for permission to go home, they are threatened to kill and are not provided with even minimum standards of living by the brick kiln owner and his men.   A prayer has been made for their wages and rescue from bondage. The Commission vide its proceeding dated 28.03.2019 had considered the reports and observed that since the allegations of the bonded labourers could not be substantiated, it was appropriate and necessary to call for the complainants’ comments and the Registry was asked to send the copy of the aforesaid reports to the complainant for his/her necessary information and offering of comments. The Assistant Labour Commissioner, Jaunpur, was directed to file the current status report in this case within six weeks to the effect whether the requisite amount had been deposited by M/S Maruti Brick Kiln Udyog as directed and if not, what further necessary action was taken by him in this regard. The District Magistrate, Gumla, Jharkhand, did not file his report despite reminders dated 23.05.2018 and 30.08.2018.   Therefore, some strict action was warranted in this regard. Accordingly, exercising its power given U/S 13 (a) of Protection of Human Rights Act, 1993, the Commission directed that the District Magistrate, Gumla, Jharkhand, be summoned to appear in person on 17.05.2019 to produce the required information/documents. In pursuant to the direction of the Commission, a report dated 08.05.2019 was received from the Dy. Commissioner, District Gumla, Jharkhand, stating therein that an enquiry was conducted and after enquiry it was found that the wife of the deceased submitted in her statement to have received an amount of Rs.70,000/- regarding the death of her husband, by the brick kiln owner.   She stated that she had come back along with her five children and they are staying together in their village. It is further stated in the report that Rs.70,000/- was also paid to each of the three deceased labourers, by the brick kiln owner.   Statement of Butru Devi, who stated that her husband Sukra Munda had also died in the brick kiln accident and the owner had paid Rs.20,000/- cash and 50,000/- to bank, it was also stated by her that her daughter also returned back from the site of the brick kiln and she was staying with her. On 26-12-2019, the Commission perused and considered the letter dated 16.02.2017 submitted by the Assistant Labour Commissioner, District Jaunpur, UP, who had given direction to the brick kiln owner for payment of Rs.7.88.034.00/- to late Sh. Virender Munda, payment of Rs.5.25.205.00/- to late Sh. Sukra Munda and payment of Rs.6.64.132.00/- to late Sh. Bandhan.   It was observed that necessary follow-up action had not been apprised to the Commission in pursuance to the above made order of the Assistant Labour Commissioner, District Jaunpur, UP. Accordingly, the Registry was asked to issue a reminder to the effect that a compliance report be submitted by the Assistant Labour Commissioner, District Jaunpur, UP, within a period of four weeks along with the current status report to the effect whether the requisite amount had been deposited by the brick kiln owner of M/s Maruti Brick Kiln Udyog.   Now, report is received from the Assistant Labour Commissioner, District Jaunpur, UP, mentioning that family members of the deceased are being given relief in accordance with Section 10 of the Workmen Compensation Act, 1923 and notice to the employer in regard to the said proceedings stands issued. In view of the above and in the light of the report received from the State authorities the matter requires no further intervention at the end of the Commission.Accordingly the case is closed.

This is for your information.

Your’s faithfully Sd/- Indrajeet Kumar ASSISTANT REGISTRAR (LAW) M-2 Section Ph. No. 011-24663287