143 IN THE HIGH COURT OF PUNJAB AND HARYANA SHAKSI STATE OF PUNJAB AND OTHERS CORAM: HON’BLE MR. Present: Mr. for the petitioner. HARPREET SINGH BRAR 1. The present petition has been filed under Article 226 of Constitution of India for issuance of a writ in the nature of release of detenues as mentioned in para No. detained illegally by respondent No 2. Learned counsel for the petitioner contends that private respondents had contacted brick kiln for moulding Rs.700/- for the bricks and other terms and condi aid etc. However, and detenues and made them forcib meager wages. He the private respondents came in rage and called kiln, without giving IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH V/S PUNJAB AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Santosh Kumar, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Article 226 of Constitution of India for issuance of a writ in the nature of of detenues as mentioned in para No.3 detained illegally by respondent Nos.4 to 6. Learned counsel for the petitioner contends that private had contacted the petitioner and brick kiln for moulding kacha bricks at the rate of Rs.690/ the year 2024 and Rs.750/- for the year 2025 ricks and other terms and conditions i.e. suitable However, the private respondents turned hostile towards the petitioner and detenues and made them forcibly work whole day, while paying very He further submits that when the the private respondents to give their total amount of came in rage and called their musclemen and kiln, without giving their dues. Learned counsel further submits that two IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-3385-2025 Date of decision: 03.04.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR The present petition has been filed under Article 226 of Constitution of India for issuance of a writ in the nature of habeas corpus for 3 of the petition, alleged to be Learned counsel for the petitioner contends that private detenues for working at their bricks at the rate of Rs.690/- for the year 2023, for the year 2025 per thousand kacha tions i.e. suitable accommodation, medical the private respondents turned hostile towards the petitioner ly work whole day, while paying very when the petitioner and detenues asked to give their total amount of about Rs.2,82,578/-, they usclemen and thrown them out of the brick Learned counsel further submits that two MANISHA 2025.04.03 16:40 I attest to the accuracy and authenticiy of this order/judgment CRWP-3385-2025 detenues were illegally detained by private respondents articles were also snatched. 3. Learned counsel for the petitioner relies upon the judgment rendered by a Division Bench of this Court in Murti Vs. State of Pu as per the ratio decidendi culled out in the said judgment, respondent No.2 District Magistrate, Jhajjar has to conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 by as a complaint and to get the detenues released forthwith, in case they are found to be bonded labour by private respondent 4. Notice of motion. 5. Mr. Nitesh Sharma, DAG, Punjab accepts notice on behalf of official respondents and submits that the official respondents will look into the matter and will take a decision. Let sufficient number of copies of the complete paper book be supplied to him course of day. 6. In view of the direction to respondent No. and conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 and in case the detenues are found in illegal detention of private respondent April 03, 2025 manisha (i) (ii) 2025 2 illegally detained by private respondents articles were also snatched. Learned counsel for the petitioner relies upon the judgment rendered by a Division Bench of this Court in Murti Vs. State of Punjab and Others, decided on 11.01.2013 to contend that as per the ratio decidendi culled out in the said judgment, respondent No.2 District Magistrate, Jhajjar has to conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 by as a complaint and to get the detenues released forthwith, in case they are found to be bonded labour by private respondent Notice of motion. . Nitesh Sharma, DAG, Punjab otice on behalf of official respondents and submits that the official respondents will look into the matter and will take a decision. Let sufficient number of copies of the complete paper book be supplied to him In view of the above, instant petition is disposed of with a direction to respondent No.2 to treat the present writ petition as a complaint and conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 and in case the detenues are found in illegal detention of private respondents i.e. respondent Nos.4 to 6, they be released forthw (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable illegally detained by private respondents and their household Learned counsel for the petitioner relies upon the judgment rendered by a Division Bench of this Court in LPA No.32 of 2013 titled as decided on 11.01.2013 to contend that as per the ratio decidendi culled out in the said judgment, respondent No.2- District Magistrate, Jhajjar has to conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 by treating the present petition as a complaint and to get the detenues released forthwith, in case they are found to be bonded labour by private respondents. . Nitesh Sharma, DAG, Punjab, who is present in Court, otice on behalf of official respondents and submits that the official respondents will look into the matter and will take a decision. Let sufficient number of copies of the complete paper book be supplied to him during the above, instant petition is disposed of with a to treat the present writ petition as a complaint and conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 and in case the detenues are found in illegal detention of , they be released forthwith. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.03 16:40 I attest to the accuracy and authenticiy of this order/judgment