1989SCMR139 (PLP)

All concerned have been heard at considerable length. The following broad agreement has been reached, (if approved) to be made as Order/decision of the Court:‑‑ "(i) Peshgi system to be discontinued forthwith except that unto one week's estimated wages may be paid by the owner to the worker as advance against proper receipt. (ii) The payment shall be made to the worker concerned or the head of the household, direct in cash. The receipt shall be issued in duplicate‑one to be returned by each. (iii) The Institution of Jamadar is finished and he is excluded for all times. No payment for others shall be made to him nor shall it be acknowledged in any form, as due in any form, if claimed to have been made through him. (iv) The Institution of `Jamadari' is likewise finished altogether. (v) Every case registered anywhere in Punjab by the police, which deals with directly or indirectly, any of the constituents of the practice of bonded labor in the brick‑kiln industry, shall be reported to the Advocate General, with a copy of the F.I.R. within 24 hours. The Advocate General shall submit a photocopy of the F.LR. and other documents, if any, with his own comments, within further 24 hours, to the Supreme Court. (vi) Post Peshgis, for the time being, shall not be treated as void and unrecoverable. However, they shall not at all be recovered in any form through police or through the employment of the so‑called `labour' (...) under the peshgi recovery arrangement" or through any coercive measure; and further orders shall be made by the Court in this behalf including the request for utilization of the Zakat Fund for the discharge of so called bad debts of Peshgi. The question, whether recoveries would be abolished altogether and whether legislation shall be made on the lines as done n India, is deferred for the time being, for six months. This aspect shall be reviewed in the light of the working of these arrangements to which all. concerned have agreed, if approved by Court. (vii) Filing of Habeas Corpus petitions shall not be stopped. However, all concerned have agreed that if the arrangements agreed upon are put into practice the need for riling false/genuine Habeas Corpus petitions would not arise. The Advocate‑General shall however, appear personally in every Habeas Corpus petition whether in the High Court or in the Supreme Court. (viii) The owners shall not directly ask or pressurise any labourer for employing the womenfolk or children. However, if the latter do so at their own risk and responsibility, no complaint shall then be made against the Bhatta owners in this behalf. The head of the household who employs any of their womenfolk against her wishes and children might in proper cases, be proceeded against. The payment made to the head of the household including that of his family members male, female, shall be in the name of the head of the household. Separate recipients may not be mentioned in the formal registers and receipts. (ix) No deductions whatsoever shall be made from wages; nor the number of bricks, if they are more than 1000 shall be counted as 1000 in any garb. The damage/loss to the bricks suffered ‑on account of rain shall be wholly borne by the owner. Similarly: no other deduction including that of past peshgi, loans including those for marriages or for medical treatment etc. shall be made from the wages. (x) Payment made by the owner to the labourer in addition to the wages whether in the form of formal loan or otherwise for marriages and other ceremonies or for medicines or other purposes shall not be recoverable from the labourer. If genuinely paid/spent they shall be treated as for good‑will or donation. (xi) Other arrangements that may be specified at the final stage in the final judgment.

2. For the time being, it has been decided to make amongst other, the following arrangements for the implementation of the interim agreement decision reached with the consent of all concerned:‑‑ (a) The Advocate‑General of the Province shall be Incharge of all criminal matters directly or indirectly concerned with the practice of Bonded Labour Whether or not formally instituted or registered. He shall also be indirectly incharge of the process of the recovery of past genuine Peshgis in so far as it would be practicable, till a new law is made about the same. He shall also be directly involved in the determination of the amount of past Peshgis. (b) The Provincial Bar Council, the High Court Bar Association, District Bar Associations and other local Bar Associations, shall form Committees to deal with the Bonded Labour. The Vice‑Chairman of the Provincial Bar Council shall be the Head of this system of Committees. The President of the Lahore High Court Bar Association will coordinate his proceedings with the Vice‑Chairman of the Bar Council. (c) A separate Press Committee shall be formed with Mr. Majid Nizami, Chief Editor of Nawa‑i‑Waqt subject to his consent, as the Head of this Committee. (d) A Committee for women and children shall be formed with Begum Dr. Justice Javid lqbal, as its Chairperson, subject to her consent. (e) Hon'ble the Chief Justice of the Lahore High Court will be approached by the learned Advocate‑General to apprise him of the bonded labour situation in Punjab and about the present case and proceeding. The Advocate‑General shall also make a request for nomination of an Hon'ble Judge of the High Court from amongst the members of the Administration Committee, to deal with the cases, which, the Advocate General would certify as concerned directly or indirectly with the subject of Bonded Labour." The case is adjourned for tomorrow for further proceedings. ORDER 3. [17‑9‑1988] .This part heard case has concluded after the agreement decision reached by all concerned, and recorded yesterday. It has again been read, discussed and explained. All concerned have once more accepted it but have further made a joint request that it should be treated as an interim arrangement agreement and consequently as an interim decision. Order accordingly; subject, however, to necessary further conditions and elaboration. It needs to be observed and clarified that all concerned in this case have assisted the Court ungrudgingly throughout the 'hearing which is spread over several weeks and many hours of formal Court's sittings. The proceedings have not been treated as of adversary, character. The labourers, employers, and their organisations projected their views with candidness and honesty of purpose, representing their respective interests. It is in this context that it has to be further clarified that no party as such would be deemed to have been recognised as "Complainant", "accused" or "contesting party", nor, the interim decision shall be treated as the success or failure in any‑form of any person, party or institution. M.A.K./B‑74/S Order accordingly.