MORDHWAJ Vs. NATIONAL HUMAN RIGHTS COMMISSION

JUDGEMENT

(1.) The petitioner, who is proprietor of a brick kiln situated at Village Jatauli, Tehsil Hodal, District Palwal (Haryana), seeks quashing of the orders dated 21.10.2010 (Annexure P-12) and 22.12.2010 (Annexure P15) passed by the National Human Rights Commission (hereinafter referred to as the Commission ), whereby the Deputy Commissioner, Palwal has been directed to send an additional/complete report(s) in relation to the alleged violation by the petitioner of the provisions of (i) the Bonded Labour System (Abolition) Act, 1976 (in short the 1976 Act); (ii) Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (in short the 1979 Act) and (iii) the Minimum Wages Act, 1948 (in short the 1948 Act).

(2.) In order to appreciate the controversy, a brief reference to the facts may be made.

(3.) One Guddu Singh son of Babu Lal, resident of Village Nausa, Police Station Barla, District Aligarh (U.P.) moved a complaint dated 5.1.2009 (Annexure P-1) to the Chairman, National Human Rights Commission, inter-alia, alleging that he alongwith his family members and -villagers was employed by the petitioner as a labourer at his brick kiln named as Jai Mata Di Brick Kiln . They were given an advance of Rs.500/- each but no further payment was ever made, though each one of them rendered work worth Rs.4000-5000/- and when they demanded the due payment, the petitioner and his associates not only abused and gave them beatings but also humiliated their ladies. The complainant further alleged that the brick kiln owner had also threatened them not to leave the brick kiln for 2-4 years and since they were kept as bonded labourers , the Commission should intervene and get them released from the clutches of the brick kiln owner and his henchmen.