Punjab-Haryana High Court
Padam Singh vs State Of Haryana And Ors on 11 November, 2024
Neutral Citation No:=2024:PHHC:146662
131
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-10924-2024
Date of Decision: 11.11.2024
Padam Singh ..... Petitioner
Versus
State of Haryana and Others ..... Respondents
CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present: Mr. Santosh Kumar, Advocate
for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
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AMARJOT BHATTI, J.(oral) Petitioner - Padam Singh has filed criminal writ petition under Article 226 of Constitution of India for issuance of writ in the nature of Habeas Corpus and for appointment of Warrant Officer with a roving writ to search for detenues mentioned in para No. 3 of petition, alleging that they are in illegal and unlawful custody of respondents No. 4 & 5.
In the petition, there are allegations against respondents No. 4 & 5 for not giving wages to petitioner as well as detenues and it is further alleged that detenues mentioned in para No. 3 of petition are illegally and forcibly kept by respondents No. 4 & 5 in the premises of Brick Kiln for doing labour work.
The aforesaid allegations mentioned in petition falls under the provisions of The Bonded Labour System (Abolition) Act, 1976 and as per Section 10 of the aforesaid Act, the State Government confers powers and imposes duty on a District Magistrate to ensure proper implementation of the aforesaid Act. Section 12 of the aforesaid Act cast a duty on every 1 of 2 ::: Downloaded on - 14-11-2024 23:37:33 ::: Neutral Citation No:=2024:PHHC:146662 CRWP-10924-2024 -2- District Magistrate and every officer specified by him under Section 10 to inquire whether after the commencement of this Act any bonded labour system or any other form of forced labour is being enforced by or on behalf of any person resident within the local limits of his jurisdiction.
Considering the aforesaid provisions, it is the duty of District Magistrate, District Ambala, to look into the facts and allegations levelled by petitioner. Gainful reference can be made to the judgment of the Division Bench of this Court in LPA No. 32 of 2013 titled "Murti versus The State of Punjab and others".
In view of these facts and circumstances, present criminal writ petition is disposed of with the direction to District Magistrate, District Ambala, Haryana to treat this petition as complaint and to take immediate action in accordance with law within a period of three weeks from the date of receipt of certified copy of this order along with copy of writ petition.
(AMARJOT BHATTI) JUDGE 11.11.2024 lalit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2 of 2 ::: Downloaded on - 14-11-2024 23:37:33 :::