Court No. - 38
Case :- WRIT - C No. - 41659 of 2018 Petitioner :- Shahid And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Vijay Pratap Singh, learned counsel for the petitioners and the learned Standing Counsel for the State.
By means of this writ petition, the petitioners have come to this Court levelling the allegations against the respondent nos.4 to 6 that they are forcing them to work at brick kiln as bonded labourers. The petitioners did not want to work there yet undue force is being applied.
It is to be noted that before approaching this Court, the petitioners haves submitted representation to the District Magistrate on 9.12.2018 annexed as Annexure no.1 to the writ petition, but no action has been taken.
As per Article 23 (1) of the Constitution of India, the bonded labour in all its forms is prohibited and as such no one can force the petitioners to work on any kind of bond.
Considering the facts and circumstances of the case, specifically the averments made in the representation dated 9.12.2018 filed by the petitioners, we deem it proper to dispose of this petition directing the respondent no.3-District Magistrate, Baghpat to act upon the representation filed by the petitioners, in accordance with law. The petitioners shall present a certified copy of this order before the District Magistrate concerned at the earliest as for as possible within a period of one week from today.
With the aforesaid observations, the writ petition is finally disposed of.
Order Date :- 18.12.2018 Ajeet (Vivek Varma, J.) (Abhinava Upadhya, J.)