Surendra vs State Of Haryana And Others
2024 Latest Caselaw 4941 P&H

Punjab-Haryana High Court

Surendra vs State Of Haryana And Others on 5 March, 2024

                                                         Neutral Citation No:=2024:PHHC:031452




                                                       2024:PHHC:031452
CRWP-2136-2024                                                        1

126       IN THE HIGH COURT OF PUNJAB AND HARYANA
                        CHANDIGARH
                                CRWP-2136-2024 (O&M)
                                Date of Decision: 05.03.2024

SURENDRA
                                                                 ...Petitioner
                               V/S

THE STATE OF HARYANA AND OTHERS
                                                                ...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Sham Lal Saha Advocate
         for the petitioner.

          Mr. Vikas Bhardwaj, AAG Haryana.

                       ****
HARPREET SINGH BRAR J. (Oral)

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

Constitution of India for issuance of a writ in the nature of habeas corpus

for release of detenues as mentioned in para 4 of the petition alleged to be

detained illegally by respondents No. 4 to 7.

2. Learned counsel for the petitioner contends that respondents No.

4 had contacted detenues for working at his Brick Kiln for Nikasi of Pucca

Bricks. The detenues started their work and till date, they have an

outstanding amount of Rs. 30,000/- towards respondents No. 4 to 7. It is

further contended that respondents No. 4 to 7 have forcefully detained the

detenues in their brick kiln and are being forced to work without payment

of wages. The petitioner herein escaped from illegal detention of

respondents No. 4 to 7 on 02.03.2024 and made a complaint to respondent

No.2-District Magistrate, Bhiwani to get released the detenues from illegal

detention of respondents No. 4 to 7.

3. Learned counsel for the petitioner relies upon the judgment

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Neutral Citation No:=2024:PHHC:031452

2024:PHHC:031452

rendered by a Division Bench of this Court in LPA No.32 of 2013 titled as

Murti Vs. State of Punjab and Others decided on 11.01.2013 to contend

that as per the ratio decidendi culled out in the said judgment, respondent

No.2-District Magistrate, Sonepat has to conduct an enquiry as per Section

12 of the Bonded Labour System (Abolition) Act, 1976 by treating the

representation submitted by the petitioner as a complaint and to get the

detenues released forthwith in case they are found to be bonded labour by

private respondents but till date, no action has been taken by respondent

No. 2 on the representation of the petitioner herein.

4. Notice of motion.

5. Mr. Vikas Bhardwaj, AAG Haryana, who is present in Court,

accepts notice on behalf of official respondents and submits that the official

respondents will look into the matter and will take a decision on the

representation of the petitioner. Let sufficient number of copies of the

complete paper book be supplied to him during the course of day.

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

direction to respondent No. 2 to treat the representation (Annexure P-1)

made by the petitioner as a complaint and conduct an enquiry as per Section

12 of the Bonded Labour System (Abolition) Act, 1976 and in case the

detenues are found in illegal detention of private respondents No. 4 to 7,

they be released forthwith.

                                                 (HARPREET SINGH BRAR)
05.03.2024                                               JUDGE
Ajay Goswami

                    Whether speaking/reasoned        Yes/No
                    Whether reportable               Yes/No




                                                          Neutral Citation No:=2024:PHHC:031452

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