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CASE NO.: Writ Petition (civil)  9 of 2001

PETITIONER: NARENDER MALAV                              

RESPONDENT: STATE OF GUJARAT & ORS.                             

DATE OF JUDGMENT: 19/05/2006

BENCH: Dr.AR.LAKSHMANAN & LOKESHWAR SINGH PANTA

JUDGMENT: J  U  D  G  M  E  N  T

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-Stat e  and the counsel for Union of India.  This Writ Petition was sent by Narender Malav by post t o  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 number ed  as a Writ Petition by this Court. The matter is pending in this Court from 2001.  Several Or ders  were passed issuing several directions to the State of Gujarat and other functionaries.  Sev eral  reports have also been filed.  Finally, an Order was passed by this Court on 20.04.2005 issu ing  certain directions.  By the said Order, the Education Department was directed to look into t he  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 responde nt- 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 g oing  age who are actually attending school and also who are not attending school in this area whe re  educational facilities are available.  This Court also requested the two NGOs, Gantar and SE WA  to also file their own assessment of the children as prevailing now so that this Court can v erify  the same with the report of the Departments.

       Pursuant to the above directions, a detailed Status Report  on salt workers in Gujar at  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 s alt  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 take n  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

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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 medica l  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 work ers 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 develop ment  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 furthe r  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 repo rt  further deals with outline of plan of action and the organisational issues, technological is sues,  registration/vocational training, lease of land/railway shipment quota and the financial ass istance  to NGOs/salt workers co-operatives and also the issue of schooling.  In conclusion, it is st ated 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 we re  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 sustain able  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 meas ures,  short term and long term, taken by the State of Gujarat for the welfare of the children of t he 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.

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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 Guj arat  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.