LAWS(HPH)-2014-10-106

RANDEEP SINGH Vs. STATE OF H.P.

Decided On October 08, 2014
RANDEEP SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS petition is instituted against order dated 3.7.2013 rendered by District Magistrate, Sirmaur in case No. 1/2013.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent No. 3 moved an application before respondent No. 2 regarding bonded labourer and wages on 6.4.2013. Respondent No. 2 ordered immediate inquiry to be conducted by Sub Divisional Magistrate, Sangrah vide office order dated 6.4.2013. He also directed to associate Station House Officer, Sangrah and District Labour Officer in the inquiry. Sub Divisional Magistrate, Sangrah submitted a report to the District Magistrate, Sirmaur. The District Magistrate, Sirmaur, on the basis of documents and evidence placed on the file and the opinion of the NHRC given in various instructions, concluded that there were sufficient evidence on record to establish that respondent No. 3 has been a bonded labourer of the petitioner, as defined in the Bonded Labour System (Abolition) Act, 1976 and the debt due from respondent No. 3 was a bonded debt. Respondent No. 3 was certified as a bonded labour. She was ordered to be released from bondage and declared that debt of Rs. 73,000/ - given by the petitioner as bonded debt shall stand extinguished vide impugned order. Petitioner has challenged the order dated 3.7.2013.

(3.) STATEMENTS of Kubja Devi, her son Dharampal, her daughter -in -law Kaushalya, Sant Ram and Randeep Singh were recorded on 8.4.2013. Both the parties were given ample opportunities to produce their witnesses and to lead evidence.