Judical Action to end Bonded Labour - Human Rights Commission ...

worker then has to get up early in the morning around dawn and start
putting this paste into the moulds which process then continues till he has
exhausted the earthen paste prepared by him. It may also be mentioned
here that the brick-kiln owner has allocated to each worker a particular
number of 'KATCHA' bricks to be prepared by him. The persons involved
in this part of operation are called PATHAIRAS'. After these 'KATCHA'
bricks are prepared the job of PATHAIRAS' is over.
(b) These 'KATCHA' bricks are then carried to the actual kiln. This carriage is
ordinarily done with the assistance of 'donkeys' and the persons:
performing this function are called 'KUMHARS'.
(c) The next process is the setting of the 'KATCHA' bricks in the kiln which
has to be done in a very systematic and scientific manner and again
requires skill. This process is called 'BHARAI and the persons involved in
this' BHARAI' are called ëBHARAIASí.
(d) Then follows the process where these 'KATCHA' bricks are then heated
for their being baked as final bricks. This process is called 'JALAI' and the
persons involved are called as 'JALAIAS'. The final process is called
'NIKAS' which means carrying the bricks out of the kiln for onward
transportation to the market.
11. EMPLOYER-EMPLOYEE RELATIONSHIP
(a) My discussions and enquiries have revealed that the problem of
malpractice in the brick-kiln Industry is confined mainly to the category of
labourers who are TATHERAS'. The reason perhaps is that this is the
category of workers who form the majority of workers in a brick-kiln and
are even otherwise important for the production of bricks.
(b) It has transpired that the brick-kiln owners do not directly employ the
labour for their purposes and that the workers are engaged by the brickkiln
owners through a middle-man who is called the 'JAMADAR'. The
PATHERAS' are paid on work charge basis meaning thereby that they
are paid according to the number of 'KATCHA' bricks that they have
prepared. The rate today at which these ëPATHERASí are paid is Rs.35
to 50 per thousand 'KATCHA' bricks. I am quoting this rate according to
the payments being made by the brick-kilns around Lahore. Besides this
payment which is made to the PATHERAS' the 'JAMADAR' is also paid
some amount which is his commission for providing labour to the brickkiln
owners and this commission is also based on the number of
'KATCHA' bricks prepared by the 'PATHERAS'. The 'JAMADAR' does not
only provide labour to the brick-kiln owners but is also responsible for
their continuous working with the Brick-Kiln Owners and the 'JAMADAR'
is the one who is responsible also for ensuring that these 'PATHERAS'
do not run away and do not leave the employment of the concerned
brick-kiln.
(c) Another practice in this industry is that the workers in the brick-kiln
especially the 'PATHERAS' are given 'ADVANCES' known as 'PESHGI',
at the time of joining the particular brick-kiln. According to the prevailing
practice, rendition of accounts is done at the end of each week. The
number of 'KATCHA' bricks prepared by each 'PATHERA' is determined
and the amount thus due to him is accordingly fixed. Ordinarily half of the
amount found due to a 'PATHERA' is ìadjusted towards the 'PESHGI'
advanced to him and the remaining half is paid to him in cash. According
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