Court No. - 21
Case :- WRIT - C No. - 26577 of 2020 Petitioner :- Pappu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and learned standing counsel for the State.
The petitioner claims to be belonging to a marginalized section of the society and is a very poor person and is resident of village Bhaujahedi, Police Station Purkaji, District Muzaffar Nagar.
The petitioner alleges that the respondent no. 4 and 5 who are the owner of brick kiln are forcing the petitioner to work on the brick kiln despite the fact that the petitioner and his family are not keen to work. The petitioner's claim is that he and his family are compelled to work as bounded labourer at the brick kiln against their wishes.
The petitioner has drawn our attention to the provisions of the Bonded Labour System (Abolition) Act, 1976 under which there are provisions which provides that in respect of the allegations as made in the present petition, recourse can be taken by moving appropriate application before the District Magistrate concerned under Section 12 of the said Act.
Considering the averments made in the writ petition, we permit the petitioner to make a fresh representation along with a copy of this order to the District Magistrate, Muzaffar Nagar and District Magistrate is directed to take a reasoned decision on the said application of the petitioner in accordance with the provisions of the Bonded Labour System (Abolition) Act, 1976, expeditiously, preferably within a period of two months from the date of production of a copy of this order.
The writ petition is disposed of with the aforesaid observations.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.1.2021 A.K.Srivastava