Crl. W.P.No.1059 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. W.P.No.1059 of 2009 Decided on : 24-09-2009 Ranbir ....Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- None for the petitioner. Mr. B.B.S.Teji, AAG, Punjab MAHESH GROVER, J Pursuant to the notice issued by this Court, Deputy Commissioner has submitted his report in which he has observed as follows:- “3. On reaching the spot, the respondent no.4 i.e. Sh. Tarlochan Singh s/o Sh. Zorawar Singh, owner of the Brick Kiln, respondent no.5 Sh. Ashok Kumar s/o Sh. Surinderpal, Munshi of Brick Kiln and Smt. Kunti w/o Sh. Ranbir alongwith other persons as mentioned in para 5 of the petition were found present there. Sh. Ranbir s/o Sh. Kuber Singh, the petitioner was not present. Apart from these, other labourers/workers of the Brick Kiln were also present. An attendance list of the persons present was prepared. 4. When we reached the spot, the above said Brick Kiln, it was found that the said persons were moving in open space near the brick kiln. It would be worthwhile to mention here that Crl. W.P.No.1059 of 2009 2 the brick kiln has no boundary wall. It is very near to the village with a quite busy approach road passing by the brick kiln. 5. In presence of all the above said persons, the statement of Smt. Kunti w/o Ranbir was recorded. In her statement, she admitted that she alongwith her husband Sh. Ranbir and children no. 1 Rupa, 2. Komit, 3. Rohit, 4. Sunny, 5. Sapna, 6. Ankit, 7. Badal, 8. Priya had come to M/s Tarlochan Singh Lakhvir Singh Brick Kiln, Panchta in around July 2009. They do the job of preparing Katcha bricks but the work has not started yet. For last two weeks, they have not been given any allowance. They have not been stopped by any one from leaving this place and she wants to go to her village alongwith her children at her own. 6. The statements of Sh.Tarlochan Singh respondent no.4 and Sh. Ashok Kumar respondent no. 5 were recorded in which they denied all the allegations and stated that they have not stopped Sh. Ranbir or his family members from leaving this place. Ranbir has already left at his own will and now if his family members also want they can leave the place. 7. The statements of the other brick kiln labourers/workers were also recorded. They denied the allegations leveled by the petitioners against the respondents no. 4 to 6. 8. On hearing Smt. Kunti w/o the petitioner, the respondents no. 4 and 5, all other labourers/workers present at the brick kiln, it is concluded that the allegations leveled by the Crl. W.P.No.1059 of 2009 3 petitioner in the petition against the respondents no. 4 to 6 are false and baseless. 9. However, Smt. Kunti w/o the petitioner requested that she wishes to leave for her village Lalu Kheri, Police Station Babri, Tehsil Sawla District Mujaffar Nagar (Uttar Pradesh). She said she knows the train to her village and can manage to go herself if she is provided the tickets to the train. The respondent no.4 offered to make the arrangements as desired by Smt. Kunti w/o the petitioner. Sh.J.P.Singh, Labour Inspector was directed to accompany Smt. Kunti w/o the petitioner and her children to the Phagwara Railway Station and report back after their safe departure. 10.The Labour Inspector Sh. J.P.Singh has reported that Smt. Kunti w/o the petitioner alongwith her children has safely left for her village by Train no. 5212 Ticket no. H80259649 and 80259650 were provided to her.” No one has put in appearance on behalf of the petitioner. Therefore, the report has gone uncontroverted. In this view of the matter, no further action is required to be taken in the matter. Hence, dismissed. September 24, 2009 (Mahesh Grover) rekha Judge