New Delhi, April 15th, 2010

The National Human Rights Commission has found 113 brick kilns in District Ghaziabad, Uttar Pradesh not making payments to the labourers as per the provisions of the payment of Wages Act, 1936 and Minimum Wages Act, 1948, and has asked the District Magistrate to take strict action against the owners of these kilns.

This revelation about Ghaziabad being a hub of brick kilns came following the report of the District Magistrate, Ghaziabad in compliance with Commission's directions to find out the number of brick kilns in his jurisdiction, and their status of affairs viz-à-viz payments to the labourers, when the Commission found the inquiry reports factually incorrect as submitted by the District Administration in a specific case.

The Commission observed 'that the earlier reports submitted before the Commission were conducted in a casual manner and appear to have been prepared in order to help the brick kiln owners.'

The labourers working in this Kiln were neither released nor rehabilitated as per the provisions of the Law, and packed back to their villages without being paid even their dues. But this is only a tip of an iceberg, as out of 423 brick kilns in this area of major construction activity, the district administration is yet to inspect 310 brick kilns.

The Commission on the 12th April, 2010 asked them to complete this job within six weeks, when they sought extension of time till May, 2010 to do so. The Commission has also asked the District Magistrate, Ghaziabad to take strict action against the brick kiln owners in the district flouting the norms under the Payment of Wages Act 1936 and Minimum Wages Act, 1948.

This case was taken up by the Commission on a complaint dated 4th December, 2008. The complainant alleged that he along with his family members and fellow labourers were not being paid their complete salary by their employer and owner of Brick Kiln.

The complainant said that when he along with other labourers demanded their dues, they were tortured by the brick kiln owner and their staff, and thus they were forced to live as bonded labourers in the brick kiln. He also alleged that seven children below 14 years were also detained by the brick kiln owner and sought the intervention of the Commission in the matter.

The Commission directed the District Magistrate, Ghaziabad on the 17th December, 2008 to conduct an inquiry at the spot for identification of bonded labour, if any. It also asked for immediate steps for the release of any bonded labour.

The report submitted by the District Magistrate stated that the brick kiln was non functional and no labourer was found there. However, when the Commission asked the complainant for his comments on the report, he said that the officer in-charge OP-Pipeline Police Station, Muradnagar got released all the labourers from brick kiln without taking any action against the owner. They were also not paid their pending dues.

Thereafter, the Commission asked the District Magistrate to conduct an inquiry and also appear in person on the 2nd February, 2010 when another inquiry report submitted by him was not found satisfactory.

The District Magistrate was asked to personally initiate action against the violators of Labour Laws; conduct surprise inspection; prepare list of all the brick kilns in District Ghaziabad, and inform whether the labourers are being paid as per the norms or not.

A detailed report submitted by the District Magistrate on the 10th March, 2010 said that the police had taken Ex-Party action. He informed that in the matter relating to the 113 brick kilns, charge-sheets has been submitted against 24 brick kiln owners in the court of Chief Judicial Magistrate, Ghaziabad. In 30 cases, notices have been issued for compounding the offence.
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