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2022 Supreme(MP) 1482
IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Kamla Bai & Ors. – Appellants
Versus
Of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 28940 of 2021
Decided On : 03-01-2022
S. N. Saraf, Advocate, S. K. Shrivastava, Advocate
Final Result : Disposed Of
Unlawful detention and use of individuals as bonded labourers constitute a violation of the law, and the Court has the authority to order their release and direct legal action against the perpetrators.
Headnote:
Bonded Labour - Detention of Family Members as Bonded Labourers - Court ordered release of detained persons and directed registration of case against the respondents
Fact of the Case:
The petitioners alleged that respondent nos. 8 and 9 detained their family members and used them as bonded labourers without paying wages. The police produced the detained persons before the Court.
Finding of the Court:
The Court ordered the release of the detained persons and directed the respective Station House Officers to register a case against respondent nos. 8 and 9 in accordance with the law.
Issues: Detention of family members as bonded labourers, failure to pay wages, and the legal action against the respondents.
Ratio Decidendi: The Court found that the detention and use of family members as bonded labourers were unlawful and ordered their release. It also directed the registration of a case against the respondents for their actions.
Final Decision: The writ petition was disposed of, and the detained persons were set free. The respective Station House Officers were directed to register a case against respondent nos. 8 and 9.
JUDGMENT
Vishal Dhagat, J. - It is submitted by counsel appearing for the petitioners that respondent nos. 8 and 9 had detained family members of the petitioners and using said members as labourers without paying any wages. It is submitted by counsel that said members were working as bonded labourers of respondent nos. 8 and 9.
Today, Shri S. K. awasthi, SDOP Lakhnadon produced 17 persons before this Court. Said persons are as under:-
1. Raj Thakur S/o Shri Girwar Thakuar aged 24 years R/o Boria Thana Dhuma
2. Rajesh S/o Girwar Thakur aged 20 years R/o Boria Thana Dhuma
3. Manno Bai W/o Girwar Thakur aged 45 years R/o Boria Thana Dhuma
4. Shersingh S/o anari Lariya aged 38 years R/o Boria Thana Dhuma
5. Durga Bai W/o Shersingh Lariya aged 27 years R/o Boria Thana Dhuma
6. ashok S/o Sukhchand Dhurve aged 34 years R/o Kasai
7. Sahablal S/o Nibba Bhalavi aged 40 years R/o Kasai
8. Swarsati Bai W/o Sabablal Bhalavi aged 35 years R/o Kasai
9. Dhanwati W/o ashok Dhurve aged 28 years R/o Kasai
10 Raman S/o Sahablal Bhalavi aged 18 years R/o Kasai
11. Laxmi S/o Sahablal Bhalavi aged 19 years R/o Kasai
12 Navratna S/o Kamal Singh Jharia aged 30 years R/o Kasai
13 Gangaram S/o Shivlal Bhalavi aged 40 years R/o Kasai
14 Om Thakur S/o Jamuna Thakur aged 23 years R/o Tinsa
15 Savita W/o Om Pradhan aged 20 years R/o Tinsa
16 Bhara Bai W/o Pooran Lal Kubreti aged 42 years R/o Hulki Thana Bargi
17 Pooran S/o Gyan Singh Kubreti aged 54 years R/o Hulki Thana Bargi
It is submitted that said persons have been recovered from Gram Panchayat Teraswadi Tehsil Karbi District Kolhapur, Maharastra. It is submitted that respondent nos. 8 and 9 were using these persons as bonded labourers.
Police Officer present before this Court and submitted that action will be taken against respondent nos. 8 and 9 as per law and FIR and case will be registered against them.
In view of the aforesaid submissions made by the parties, corpus mentioned above who are produced before this Court are set free from the Court and they can go back to their houses. Corpus who are produced before this Court live in under jurisdiction of Police Station, District Jabalpur, Seoni, Dhuma and Lakhnadon. Respective SHOs are directed to register a case against respondent nos. 8 and 9 in their respective police stations in accordance with law.
Writ Petition is disposed off.
