Puran Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 27.06.2023 PURAN SINGH














Petitioner

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM:-HON'BLE MR. JUSTICE DEEPAK MANCHANDCA

Present:

Mr. Balbir Singh Saini, Advocate for the petitioner.

Mr. Madhur Sharma, AAG Punjab.

**** DEEPAK MANCHANDA J.

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 respondents to get detenues mentioned in para No. 3 of the petition, released from the illegal custody of respondent Nos. 4 to 7. Learned counsel appearing on behalf of the petitioner submits that the petitioner as well as the other detenues so mentioned in the petition had been engaged by respondent Nos. 4 to 7 to work as labourers in the brick klin owned and operated by the said respondents and that the labour was to be paid @ Rs. 205/- per 1000 bricks. 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.

It is also submitted that a representation dated 24.06.2023 in this regard has already been submitted by the petitioner to the Deputy Commissioner, Patiala. Learned counsel submits that he will be satisfied in case the said respondent No. 2, who is also 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 on the same in terms of

the judgment passed by this Court in LPA No. 32 of 2013 titled as Murti Versus the State of Punjab and others. The relevant extract of the said judgment reads thus:

"
       

          

           

       

       



         

      

  

 

  

         

                  

  !"   !#      $   % &'  

('!)#"*

+         

 +



           

+    +          +           '     ,   -            

  

     

 .       +



  + 

 $

 % &'  

('!)#"   +                       +     

   

   

 +    

      /

0

    

)!12!     3   4         

5      

  

        



  ,  -        

    !)#"' 





        

 

     +       

         

 A further reference was also made to the order passed in Criminal Writ Petition No. 4666 of 2020 titled as Gurnam Singh Vs. the State of Punjab and Others which reads thus:

"' 

 6  * 7 

 

     



 ,  - 89    

    $

 %  &'  

( '!)#"  



         

       +                   

: 



 





   

 



  


 
  


  







   


  









!
  

  


 




 


!
 









  
 



 "


 


 

   #
 
$
   

 




 #
(DEEPAK MANCHANDA) 27.06.2023 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No