Rakesh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 15.12.2022 Rakesh














Petitioner

Versus

State of Haryana and Others

...Respondents

CORAM:-HON'BLE MR. JUSTICE DEEPAK MANCHANDCA

Present:

Mr. Aditya Partap Singh, Advocate for the petitioner.

**** 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 detenue namely Dev Kumar mentioned in para No. 2 of the petition, released from the illegal custody of respondent Nos. 4 and 5. Learned counsel appearing on behalf of the petitioner submits that the petitioner is seeking release of detenue, who had been engaged by respondent Nos. 4 and 5 to work as labourer in the brick klin owned and operated by the said respondent No. 4 and 5 and that the labour was to be paid @ Rs. 241/- per 1000 kacha bricks. He contends that despite the amount being overdue, the petitioner as well as the other detenue are not being paid their dues and that the detenue has been illegally detained.

It is also submitted that a representation in this regard has already been submitted by the petitioner to the Deputy Commissioner, Karnal. Learned counsel further submits that he will be satisfied in case the respondent No. 2, who is also the competent authority in terms of Section 16 and 17 of the Bonded Labour

-2System (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: "
       

          

           

       

       



         

      

  

 

  

         

            

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 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

-3Others which reads thus:

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(DEEPAK MANCHANDA) 15.12.2022 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No