Sarvar Singh vs State Of Punjab And Others
2022 Latest Caselaw 13881 P&H

                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH
                     114
                                                                          CRWP-10452-2022
                                                                          Decided on : 03.11.2022

                     Sarvar Singh
                                                                                      . . . Petitioner(s)
                                                         Versus
                     State of Punjab and others
                                                                                 . . . Respondent(s)

                     CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                     PRESENT: None.
                                                          ****

                     SANJAY VASHISTH, J. (Oral)

Members of the Bar are abstaining from work today.

1. The present writ petition has been filed under Article 226 of the

Constitution of India praying for issuance of writ in the nature of Habeas

Corpus directing the official respondents to get detenues mentioned in

paragraph No.4 of the petition, released from the illegal custody of

respondent Nos. 4 & 5.

2. Present petition contains the facts that the petitioner as well as

the other detenues so mentioned in the petition had been engaged by

respondent Nos. 4 & 5 to work as labourers in the brick kiln, which is owned

and operated by the said respondents. He contends that despite the amount

being overdue, the petitioner as well as the other detenues are not being paid

their dues and that the detenues have been illegally detained.

3. This Court feels that if respondent No.2, who is the competent

authority in terms of Section 16 and 17 of the Bonded Labour System

(Abolition) Act, 1976 (hereinafter to be referred as 'the Act of 1976') is

directed to take decision in terms of the judgment rendered by this Court in

the case of Murti v. State of Punjab and others (LPA No. 32 of 2013, JAWALA RAM 2022.11.03 16:56 I attest to the accuracy and integrity of this document

decided on 11.01.2013). The relevant extract of the said judgment reads

thus:

"It may be mentioned here that the allegations of the appellant in the writ petition are that the alleged detenues mentioned in para No.3 of the writ petition who are working as labourers at the brick kiln of respondent Nos.4 & 5 are being kept as bonded labours. There can indeed be no doubt that if a labourer has been detained as bonded labour, it amounts to an offence under Sections 16 & 17 of the Bounded Labour (Abolition) Act, 1976. We, however, clarify that the aforesaid observation does not mean that the allegations levelled by the appellant have been accepted. Suffice it to observe that under the Act, the District Magistrate is under statutory obligation to hold a fact finding enquiry as and when a complaint alleging violation of the provisions of Bonded Labour (Abolition) Act, 1976 is received. Since the appellant in the instant case has specifically averred that the persons mentioned in para No.3 of the writ petition have been detained as bonded labourers, we allow this appeal and set-aside/modify the order dated 9.1.2013 passed by the learned Single Judge to the extent that the petitioner's writ petition is disposed of with a direction to the District Magistrate, Sangrur, to treat this writ petition as a complaint under the 1976 Act and take immediate action in accordance with law, within a period of one week from the date of receiving a certified copy of this order alongwith a copy of the writ petition."

4. A further reference is also made to the order passed in the case

of Gurnam Singh v. State of Punjab and others (CRWP No. 4666 of

2020, decided on 08.07.2020), which reads thus:

"Accordingly, this Criminal Writ Petition is disposed of with a direction to District Magistrate, Fazilka to treat this petition as a complaint under the Bonded Labour System (Abolition) Act, 1976 and take immediate action in accordance with law, within a period of one week from the date of receiving a certified copy JAWALA RAM 2022.11.03 16:56 I attest to the accuracy and integrity of this document

of this order along with a copy of the writ petition."

5. In view of the above, the instant petition is disposed of with a

direction to the District Magistrate, Ropar, to look into the grievance of the

petitioner, as raised in the instant petition and in case any substance in the

allegations is found true, then to take appropriate action under the Act of

1976, in accordance with law, within a period of one week from the date of

receipt of a certified copy of this order along with copy of the criminal writ

petition.

6. Criminal Writ Petition is disposed of in terms as aforesaid.

(SANJAY VASHISTH) JUDGE November 03, 2022 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

JAWALA RAM 2022.11.03 16:56 I attest to the accuracy and integrity of this document