IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.W.P.No.596 of 2009
Date of Decision:- 24 .08.2009
Rajender Kumar ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Mr.Yash Pal Malik, AAG, Haryana.
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AUGUSTINE GEORGE MASIH, J.
Short reply on behalf of the State has been filed in the form of
an affidavit of Amneet P.Kumar, IAS, Deputy Commissioner, Kaithal,
wherein it is stated that the Committee constituted under the Chairmanship
of District Food and Supply Controller, had visited the spot and did not find
any labourer in the brick-kiln as the said brick-kiln was not working. The
details have been given in para 4 of the reply which is reproduced herein-
below:-
“4. That after the receipt of notice of present writ petition
a committee under the chairmanship of District Food &
Supply Controller was constituted with Labour and
Conciliation Officer, Kurukshetra as Secretary and Naib
Tehsildar, Dhand and S.H.O. Dhand as member vide
letter No.3055-58/MA dated 20.07.2009. The committee
visited the M/s Aggarwal brick kiln Sakra on 23.07.2009
along with members. An enquiry was made and found
that no person was working on the kiln. The committee
Crl.W.P.No.596 of 2009 -2-inspected the kiln thoroughly on foot. They did not find
any person working as labourer on the kiln. The persons
present on the kiln told that the owner of the kiln used to
reside at Kurukshetra and was not present on the kiln.
The Accountant of the kiln owner Krishan Lal got
recorded his statement that the brick kiln is not in
operation and there is no labour on the kiln. The
committee made enquiry about the family mentioned of
the complaint/petitioner. The Accountant told that his
family came to the kiln to work as brick molder with its
free will and they left the kiln on 22.04.2009 and went to
their village Mathana District Kurukshetra with their free
will. The four members of his family were sent with
Naib Tehsildar, Dhand, S.H.O. Dhand and Assistant of
Labour Department. The committee also called Halqa
Patwari Satish Kumar along-with Sunehra s/o Surta Ram
Chowkidar of the village Sakra. Chowkidar got
recorded his statement that no labourer is working on the
kiln. Enquiry was also made from one Suresh Kumar s/o
Tara Chand who used to carry bricks in his Tractor
Trolley and was present on the spot. He told that the
family of petitioner mentioned in the complaint has left
the kiln about two and half to three months back. Now,
no labourer is working on the kiln and the kiln is not in
operation in these days. The committee did not find any
Crl.W.P.No.596 of 2009 -3-bonded labour on the kiln. The copy of the report is
Annexure R-1.”
In view of the reply filed by the State, no further orders are
called for in the present case. Dismissed.
August 24, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE