THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 27-04-2011 WRIT PETITION No. 19580 OF 2010 Between: Migrants Right Council, reg. No. 407 of 2007, registered under Societies Registration Act, Member of Migrant Forum Asia, having its registered office at No.7-5-14/A, Venkateshwara Colony, Mahabuibnagar – 509 002, Andhra Pradesh, rep., by its President, Mr.P. Narayana Swami, recipient of “Shramashakthi Award” from the Govt. of A.P ... PETITIONER AND Union of India, rep., by its Secretary, North Block, New Delhi and five others …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 19580 OF 2010 ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) A writ is sought to command the respondents to take steps for bringing back Indian labourers from Kingdom of Bahrain including 46 detained in the jail. Counter affidavit has been filed, perusal whereof reveals that the Government had risen to the occasion even prior to the institution of the writ petition as is evident from Annexure – II forming part of the additional counter which was followed by several communications. No doubt despite communications labourers are not back to the country but it is because of a reason traceable to the fact that these labourers, 127 in number, had signed their work contract with an agency namely M/s. Abdulla Nass Company, which inter alia, contains a punitive clause providing for payment of damages to the employer in case of abandonment and according to the information received by the respondents, it is the said clause which is breached, consequently initiation of action in the Court of law at Bahrain, resultantly ban on their travel, besides direction to pay damages amounting to Rs.70,000/- per person. It is the said direction of the Court which works as an impediment for the respondents in getting back the labourers. Nevertheless the efforts on the part of the respondents being afoot as is evident from the fact that the Embassy’s panel Lawyer is engaged who is already seized of the matter before the competent Court of jurisdiction for purposes of repatriation of the labourers, the writ petition on hand filed on the ground of inaction is unfounded. Dismissed. We hope and trust that the functionaries of the Government will pursue the process of repatriation diligently and without any lapse. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 27-04-2011 K. Shyleshi