Punjab-Haryana High Court
Javed vs State Of Haryana And Others on 11 March, 2024
Neutral Citation No:=2024:PHHC:034208
2024:PHHC:034208
129 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-2277-2024
Date of decision: 11.03.2024
JAVED
...PETITIONER
V/S
STATE OF HARYANA AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Ravi Dangi, Advocate
for the petitioner.
****
HARPREET SINGH BRAR J. (ORAL)
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 respondent Nos.6 to 9.
2. Learned counsel for the petitioner contends that respondent Nos.6
to 9 had contacted detenues for working at their Brick Kiln for moulding kacha
Bricks. The detenues started their work and till date, they have an outstanding
amount of Rs.70,000/- towards respondent Nos.6 to 9. It is further contended
that respondent Nos.6 to 9 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 respondent Nos.6 to 9 on 10.03.2024
and made a complaint to respondent Nos.2 and 3-Deputy Commissioner and
District Magistrate, Panipat, to get released the detenues from illegal detention
of respondent Nos.6 to 9.
3. Learned counsel for the petitioner relies upon the judgment
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
1 of 2
Neutral Citation No:=2024:PHHC:034208
CRWP-2277-2024 2 2024:PHHC:034208
as per the ratio decidendi culled out in the said judgment, respondent No.2-
District Magistrate, Panipat 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 Nos.2 and 3, on the
representation of the petitioner herein.
4. Notice of motion.
5. Ms. Geeta Sharma, DAG, 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 Nos.2 and 3, 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 respondent Nos.6 to 9, they be
released forthwith.
(HARPREET SINGH BRAR)
March 11, 2024 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:034208
2 of 2
