Case Summary: CWP-22112-2022 (High Court of Punjab & Haryana)

Factual and Procedural Background

The petitioner filed a writ petition under Article 226 of the Constitution seeking a writ in the nature of mandamus directing respondent Nos.2 and 3 to issue a release certificate under the Bonded Labour System (Abolition) Act, 1976, and interim relief of Rs.20,000 under the Central Sector Scheme for Rehabilitation of Bonded Labourers, 2016. The petitioner alleged that he was employed in March 2021 with respondent No.5 on the promise of wages but was thereafter confined and forced to work without wages. The petitioner’s statement (Annexure P-3) was recorded on 05.01.2022 by the Sub Divisional Magistrate (respondent No.3). The State produced an inquiry report dated 05.01.2022 by a four‑member committee concluding that the petitioner was not kept as bonded labour and noting further inquiries by the Station House Officer (respondent No.4). The petitioner subsequently did not press the petition to challenge the inquiry report and prayed for withdrawal. The Court accepted the prayer and ordered the petition to be dismissed as withdrawn on 23.01.2023 (Manoj Bajaj, J.).

Legal Issues Presented

1. Whether respondents should be directed to issue a release certificate under the Bonded Labour System (Abolition) Act, 1976 in favour of the petitioner.
2. Whether the petitioner is entitled to interim relief of Rs.20,000 under the Central Sector Scheme for Rehabilitation of Bonded Labourers, 2016.
3. Whether the inquiry conducted complied with the Standard Operating Procedures (specifically Clause 3.3) applicable to inquiries under the Bonded Labour System (Abolition) Act, 1976.

Arguments of the Parties

Petitioner's Arguments

• The petitioner was employed in March 2021 on the promise of wages but was thereafter forcibly confined and made to work without wages.
• The proper inquiry as required by the Standard Operating Procedures under the Bonded Labour System (Abolition) Act, 1976, particularly Clause 3.3 relating to inquiry, was not followed.

State/Respondents' Arguments

• The State produced an inquiry report dated 05.01.2022 by a four‑member committee concluding that the petitioner was not kept as bonded labour as claimed.
• The inquiry report indicated that the Station House Officer/respondent No.4 was directed to look into issues and that on 06.01.2022 the petitioner’s co‑villagers were still working with respondent No.5, suggesting the petitioner’s claim was misplaced.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court recorded the petitioner’s allegations and the submission of the petitioner’s statement (Annexure P-3). The Court also considered the inquiry report dated 05.01.2022 produced by the State, took that report on record, and furnished a copy to the petitioner’s counsel. The petitioner’s counsel thereafter did not press the petition to challenge the inquiry report and sought withdrawal. The Court accepted the prayer for withdrawal and dismissed the petition as withdrawn. The opinion does not contain extended adjudication on the merits beyond recording the inquiry report and accepting withdrawal.

Holding and Implications

DISMISSED AS WITHDRAWN

Direct effect: The writ petition was dismissed as withdrawn by the High Court on 23.01.2023. The Court took the State's inquiry report on record but did not decide the substantive claims on merits. No broader precedent or new legal principle is set out in the opinion.