Bholi Kaur vs State Of Haryana And Ors
2024 Latest Caselaw 6336 P&H

Punjab-Haryana High Court

Bholi Kaur vs State Of Haryana And Ors on 20 March, 2024

                                  Neutral Citation No:=2024:PHHC:039980




CRWP-2662-2024                                                            -1-
                                                             2024:PHHC:039980



129
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                CRWP-2662-2024 (O&M)
                                                Date of decision: 20.03.2024
Bholi Kaur
                                                                   ... Petitioner
                                          Vs.


State of Haryana and others
                                                                ... Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:     Mr. Vipin Kumar, Advocate for the petitioner.

                   *******
HARPREET SINGH BRAR, J. (ORAL)

1. The present petition has been filed under Article 226/227 of the

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

search of detenues as mentioned in para No.4 of the petition, alleged to be

detained illegally by respondent No.5.

2. Learned counsel for the petitioner contends that private

respondent had contacted detenues for working at his Brick Kiln for

moulding Kacha Bricks. The detenues started their work and till date, they

have an outstanding amount towards respondent No.5. It is further contended

that respondent No.5 has forcefully detained the detenues in the brick kiln

and are being forced to work without payment of wages. Three of the

workers namely Banti, Bansa and Inderjeet escaped from illegal detention of

respondent No.5 on 11/14.03.2024 and they informed about the incident to

the petitioner.

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Neutral Citation No:=2024:PHHC:039980

2024:PHHC:039980

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

No.2-District Magistrate, Jhajjar has to conduct an enquiry as per Section 12

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

petition as a complaint and to get the detenues released forthwith, in case

they are found to be bonded labour by private respondent.

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. 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, instant petition is disposed of with a

direction to respondent No.2 to treat the present writ petition 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 No.5, they be released forthwith.

                                          [ HARPREET SINGH BRAR ]
20.03.2024                                        JUDGE
vishnu


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




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