“2. That in Compliance of the Report the Labour and Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1129925
CourtPunjab and Haryana High Court
Decided OnFeb-24-2014
Appellant“2. That in Compliance of the Report the Labour and
RespondentState of Haryana and Others
Excerpt:
in the high court of punjab & haryana at chandigarh crwp no.177 of 2014 date of decision:24.02.2014. basant kumar ..petitioner versus state of haryana & others ..respondents coram: hon'ble mr.justice tejinder singh dhindsa. present: mr.a.k.biriwal, advocate for the petitioner. mr.pradeep virk, dag haryana....tejinder singh dhindsa, j. the instant criminal writ petition had been filed under article 226 of the constitution of india for issuance of a writ of habeas corpus and the allegations that the alleged detenues, the details of whom have been furnished in para 4 of the petition were in the illegal confinement of respondents no.3 & 4 at the brick kiln marka dbc, situated in the area of batta, tehsil kalayat, district kaithal. while issuing notice of motion on 04.02.2014, report of the district magistrate, kaithal had been called for with regard to the allegations made in the petition. in compliance of the orders passed by this court, a report dated 18.02.2014 of mr.n.k.solanki, district magistrate, kaithal has been produced in court today and the same is taken on record. a copy thereof has been furnished to the counsel for the petitioner. para 2 of the report reads in the following terms.“2. that in compliance of the report the labour and kaur harjeet 2014.02.28 12:38 i attest to the accuracy and integrity of this document crwp no.177 of 2014 -2- conciliation officer, kaithal along with naib tehsildar, kalayat station house officer of police, p.s.kalayat and inspector, food & supply kalayat visited the above said kiln on 10.02.2014. the committee has submitted its report to the effect that the petitioner and the labourer whose names are mentioned in para no.4 of the writ petition, were not found present on the kiln. the committee has also made an enquiry from the other labourers found working on the kiln. they have stated that they are not known to the labourers.who had left the kiln on 07.02.2014. all the basic necessities like hut, electricity and water were provided to them by the kiln owner. they are getting wages for their work. they have also intimated that they are working on this kiln with their free will and free to go anywhere. they are not bonded here. in these circumstances, present writ petition has turned infructuous.”. in the light of the report submitted by the district magistrate, kaithal and the detenues having not been found in the alleged confinement at the brick kiln so mentioned in the petition, counsel prays for withdrawal of the petition. disposed of as withdrawn. february 24, 2014 (tejinder singh dhindsa) harjeet judge kaur harjeet 2014.02.28 12:38 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP No.177 of 2014 Date of decision:24.02.2014.

Basant Kumar ..Petitioner versus State of Haryana & others ..Respondents CORAM: HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.

Present: Mr.A.K.Biriwal, Advocate for the petitioner.

Mr.Pradeep Virk, DAG Haryana....TEJINDER SINGH DHINDSA, J.

The instant criminal writ petition had been filed under Article 226 of the Constitution of India for issuance of a writ of habeas corpus and the allegations that the alleged detenues, the details of whom have been furnished in para 4 of the petition were in the illegal confinement of respondents No.3 & 4 at the brick kiln Marka DBC, situated in the area of Batta, Tehsil Kalayat, District Kaithal.

While issuing notice of motion on 04.02.2014, report of the District Magistrate, Kaithal had been called for with regard to the allegations made in the petition.

In compliance of the orders passed by this Court, a report dated 18.02.2014 of Mr.N.K.Solanki, District Magistrate, Kaithal has been produced in Court today and the same is taken on record.

A copy thereof has been furnished to the counsel for the petitioner.

Para 2 of the report reads in the following terMs.“2.

That in compliance of the report the Labour and Kaur Harjeet 2014.02.28 12:38 I attest to the accuracy and integrity of this document CRWP No.177 of 2014 -2- Conciliation Officer, Kaithal along with Naib Tehsildar, Kalayat Station House Officer of Police, P.S.Kalayat and Inspector, Food & Supply Kalayat visited the above said kiln on 10.02.2014.

The committee has submitted its report to the effect that the petitioner and the labourer whose names are mentioned in para No.4 of the writ petition, were not found present on the kiln.

The committee has also made an enquiry from the other labourers found working on the kiln.

They have stated that they are not known to the laboureRs.who had left the kiln on 07.02.2014.

All the basic necessities like hut, electricity and water were provided to them by the kiln owner.

They are getting wages for their work.

They have also intimated that they are working on this kiln with their free will and free to go anywhere.

they are not bonded here.

In these circumstances, present writ petition has turned infructuous.”

.

In the light of the report submitted by the District Magistrate, Kaithal and the detenues having not been found in the alleged confinement at the brick kiln so mentioned in the petition, counsel prays for withdrawal of the petition.

Disposed of as withdrawn.

February 24, 2014 (TEJINDER SINGH DHINDSA) harjeet JUDGE Kaur Harjeet 2014.02.28 12:38 I attest to the accuracy and integrity of this document