The High Court dismissed a habeas corpus petition seeking release for 52 petitioners alleging illegal detention. Finding the report showed the issue was unpaid wages or child employment, the court held the petition was not maintainable on its facts.
The petition seeking release of petitioners from alleged detention was dismissed.
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Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 43 of 2021
Petitioner :- Yaseen And 51 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- G.A.,Deepak Kaushik
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
No one has put in appearance on behalf of the petitioners.
The copy of the written instructions received by the learned AGA shall be supplied in the Office concerned and the same be uploaded.
The present petition has been filed with the prayer to release the petitioners from the illegal detention of the respondent nos.4 & 5 by issuing directions to the respondents no.1, 2 & 3.
By means of the order dated 19.01.2021, this Court had called for the report of the concerned District Magistrate who was directed to record the statement of the petitioners herein. The report dated 14.092021 of the District Magistrate, Baghpat along with the inquiry report dated 04.09.2021 through the Chief Judicial Magistrate, Baghpat, along with the Office report dated 15.09.2021, as also by the learned A.G.A, has been submitted before us.
A perusal thereof indicates that out of 52 complainants/petitioners herein, 10 (ten) got recorded their statements, 21 did not appear before the Committee whereas rest were children. The statement of the petitioners recorded by the inquiry committee reveals that the dispute is primarily about non-payment of their wages. No one has said that he had been illegally detained by the employer/Brick Kiln Owner.
The remedy for the petitioners, therefore, is to approach the competent labour court/authority for payment of adequate wages or to make a complaint with regard to the employment of children by the Brick Kiln Owner. In any case, the instant habeas corpus writ petition on the allegations of the illegal detention is not maintainable. The same is, accordingly, dismissed .
Order Date :- 22.9.2021/P Kesari
Digitally signed by SUNITA Digitally signed by Sadhna Rani AGARWAL Thakur Date: 2021.09.23 17:25:35 IST Date: 2021.09.23 17:26:19 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the habeas corpus writ petition regarding alleged illegal detention is maintainable when the underlying dispute concerns unpaid wages.
Yaseen And 51 Others
State Of U.P.
Brick Kiln Owner
Sunita Agarwal
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
