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) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Yash Pal Malik, AAG, Haryana. *** 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