Sahnti v. Sub-Divisional Magistrate-Model Town & ORS

$~75 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13262/2018 SAHNTI ..... Petitioner Through:

Mr Anshum Goswami, Advocate.

Versus

SUB-DIVISIONAL MAGISTRATE-MODEL TOWN & ORS ..... Respondents Through:

Mr Sanjoy Ghose and Mr Rhishabh Jetley, Advocates for GNCTD.

Mr Dilbag Singh, Advocate for R4/UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.12.2018 CM No.51579/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 13262/2018 2.

Issue notice. Learned counsel appearing for the respondents accepts notice.

3.

The petitioner has filed the present petition, inter alia, praying as under:- "a) Pass an appropriate writ, order or direction in the nature of mandamus directing the SDM to conclude the bonded labour inquiry pertaining to the Petitioner and grant release certificates to the Petitioner forthwith. b) Pass an appropriate writ, order or direction in the nature of mandamus directing the Respondent Authorities to

grant immediate financial assistance and other rehabilitative benefits to the Petitioner in accordance with the provisions of the SOP bearing No.SDM/DC/BL/2017 (CDNo. 203504430)/ 9342 dated 14.06.2018.

c) Pass an appropriate writ, order or direction in the nature of mandamus directing the Respondent Authorities to conclude proceedings related to the recovery of back wages expeditiously and within a period of three months."

4.

The petitioner is a minor aged 13 years and has filed this petition through her father and natural guardian. It is stated that the petitioner is a former victim of bonded labour.

It is averred that she was rescued on 31.10.2017 along with two other victims aged 11 and 17 years from a house bearing no.K-3/11 Model Town-II, Delhi.

The said operation was conducted by the Sub-Divisional Magistrate, Model Town with the assistance of the Labour Department and the Delhi Police. 5.

The petitioner's grievance is that considerable time has elapsed since the petitioner was rescued but the further steps required have not been completed.

6.

Mr Ghose, learned counsel appearing for GNCTD fairly concedes that the prayers made by the petitioner are merited. In view of the above, the petition is allowed and the concerned SDM is directed to conclude the bonded labour enquiry, in accordance with law, as expeditiously as possible and preferably within a period of two weeks from today. 7.

The respondent authority shall also conclude the proceedings for recovery of the back wages as expeditiously as possible and preferably within a period of three months from today.

8.

The petition is disposed of in the aforesaid terms. 9.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J DECEMBER 07, 2018/MK