High Court of Punjab and HaryanaCWP/23187/2018disposed of

Nirmal Gorana v. Union Of India & ORS

2023-03-27The Chief Justice,Mr. Justice Vikas Bahl2 pages

CWP No. 23187-2018 2023:PHHC:044674-DB

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.23187 of 2018 Date of Decision: 27.03.2023 Nirmal Gorana .....Petitioner versus Union of India and others .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE VIKAS BAHL JUDGE Present:6 Ms. Amrita Garg, Advocate, for the petitioner. Mr. Brijeshwar Singh Kanwar, Standing Counsel for UOI. Mr. Avinit Avasthi, Assistant Advocate General, Punjab, for respondents No.2,4,6 and 7 Mr. Deepak Balyan, Addl. Advocate General, Haryana, for respondents No.3, 5 and 8.

* * * * This petition has been filed by the petitioner in public interest alleging that the provisions of the Bonded Labour System (Abolition) Act, 1976 and the scheme framed thereunder for payment of compensation etc. have not been implemented by the respondent6 authorities properly.

From a perusal of the record, it is evident that no specific instances have been mentioned by the petitioner in the petition and those which have been mentioned only relates to the State of Punjab and as per the reply filed on behalf of the State of Punjab, the same have been dealt with and necessary steps required to be taken have been taken by the concerned authorities. The reply filed on their behalf further indicates that subsequent events are and may be required to be taken by the authorities of the States of Uttar Pradesh and Chattisgarh. Learned Additional Advocate General appearing for the respondent6State of Haryana has also pointed out that similar complaints were made against the authorities of the State of Haryana. A perusal of RAVINDER KUMAR 2023.03.28 16:46 I attest to the accuracy and authenticity of this order/judgment.

CWP No. 23187-2018 2023:PHHC:044674-DB the reply filed by the respondent6State of Haryana indicates that necessary steps have been taken by the State of Haryana as well. In such circumstances, as roving enquiries cannot be directed to be taken by this Court in a Public interest Litigation, this Court takes the stand taken by both the States of Punjab as well as Haryana on record to the effect that in case any such violation is brought to their notice, they shall take all necessary steps to comply with the provisions of the Bonded Labour System (Abolition) Act, 1976 and the scheme framed thereunder.

In view of the aforesaid and taking the statements made by learned State counsel appearing on behalf of the respondent6State of Punjab as well as Haryana, the petition stands disposed of granting liberty to the petitioner to bring any violation of the provisions of law relating to the Bonded Labour System (Abolition) Act, 1976 and the scheme framed thereunder to the notice of the local authorities and in case the petitioner does so, as undertaken by the learned State counsel appearing on behalf of the respondent6State of Punjab as well as Haryana, the authorities concern shall take all necessary steps and ensure compliance of the provisions of the Bonded Labour System (Abolition) Act, 1976 and the scheme framed thereunder.

(RAVI SHANKER JHA) CHIEF JUSTICE (VIKAS BAHL) JUDGE 27.03.2023 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2023.03.28 16:46 I attest to the accuracy and authenticity of this order/judgment.