IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD Taken Up W.P.No.16476 of 2000 Dt.28-01-2008 Between: P.Narayana Swamy ..Petitioner and 1. The Managing Director, Surya Latha Spinning Mills, Kalwakurthy, Mahabubnagar District and others. ..Respondents THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO Taken Up W.P.No.16476 of 2000 Oral Order: (Per Hon’ble Sri Justice A.Gopal Reddy) Petitioner claiming to be the President of Labour Liberation Front sent a petition to the Hon’ble the Chief Justice enclosing paper cutting of Andhra Jyothi Telugu Daily dated 03-08-2000 wherein it was mentioned that number of child labour are working in Surya Latha Spinning Mills, Kalwakurthy which fact came to know while they are participating in the union elections. The said petition is taken up as writ petition. In response to Rule Nisi, the Director of Factories—2nd respondent filed a counter affidavit stating that the Deputy Chief Inspector of Factories, Nalgonda conducted surprise check on 21-07- 2003 and found no child labour are working in the Surya Latha Spinning Mills in contravention of Section 67 of the Factories, 1948 (for short “the Act”) and only six adolescents aged between 14 and 18 years as defined under Section 68 of the Act were found working during surprise inspection. Further, they were issued certificates of fitness granted by the Surgeons as required under Section 69 of the Act and the said certificates were in the custody of the Manager. The records also disclose that 10 more adolescents, who are also in possession of required certificates, are on the rolls. The payment of minimum wages as per the Minimum Wages Act is implemented by the Labour Department. The Management is maintaining canteen, rest shed, crèche and ambulance room as required under Sections, 46, 47, 48 and 45 of the Act respectively. The Management has provided a suitable conveyance and appointed a Welfare Officer as required under the provisions of the Act and Rules. The Deputy Commissioner of Labour, Rangareddy Zone, A.P., Hyderabad—5th respondent filed a separate counter affidavit stating that there are 825 workers working in Surya Latha Spinning Mills; out of them 325 are casual including trainees and all are made permanent as per the agreement; the casual and trainees are being paid Rs.56/- per day for the first six months and Rs.62/- per day from 7th month to 12th month and after one year they are being paid Rs.72/- per day. Further, the workers under the Category Nos.1 and 2 are being paid Rs.150/- and Rs.100/- respectively; all the workers are covered under Provident Fund and they are being paid bonus from 8.33% to 15% according to the profits earned by the Spinning Mills. The said Spinning Mills is not covered by any schedule employment. The Management is paying gratuity to the employees and also paying compensation in case of accidents apart from providing canteen facilities, maternity benefit to the female workers. The Management is also providing two pairs of uniforms and one pair of shoes per year to the employees. In the light of the statements, referred to above, the contents of the news item that number of child labour are employed on temporary basis in Surya Latha Spinning Mills cannot be given any credence and we do not want to proceed further in the matter. The writ petition is accordingly dismissed. _______________ A.GOPAL REDDY, J. ________________________ NOOTY RAMAMOHANA RAO,J. 28-01-2008 Murthy