Regarding the release and rehabilitation of Bonded Labourer Jagseer Singh @ Kaka S/o Gurcharan Singh (Code: PB-MKT-20, Date: 07-Dec-2015 )

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Case Title

Case primary details

Case posted by Dalit Dasta Virodhi Andolan
Case code PB-MKT-20
Case year 07-Dec-2015
Type of atrocity Begar or other forms of forced or bonded labour
Whether the case is being followed in the court or not? No

Fact Finding

Fact finding date

Fact finding date Not recorded

Case Incident

Case Incident details

Case incident date 07-Dec-2015
Place Village: Not recorded
Taluka:Not recorded
District: MUKATSAR
State: Punjab
Police station Muktsar Sadar
Complaint date 07-Dec-2015
FIR date 31-Dec-1969

Case brief

Case summary

(1)  That one Sh. Jagseer Singh @ Kaka S/o Sh. Gurcharan Singh resident of Village- Gulabewala, Sub-Division & District- Sri Muktsar Sahib, Punjab has filed a Self-declaration which revealed that:-

 

(a)  That he belongs to caste “Ramdasia Sikh” which has been declared as a Scheduled Caste by the State Government of Punjab.

 

(b)  That since the last six months he was employed by the employer Gurdev Singh Brar @ Bedi S/o Chand Singh resident of Village- Gulabewala, Sub Division & District- Sri Muktsar Sahib who was employed in the Punjab Police Department as an police official now got retired from his services and belongs to Jatt Sikh community which is a non Scheduled Caste to work as “Seri” (Agriculture labourer).

 

(c)  That when he was employed by the employer Gurdev Singh Brar he was given Rs. 25,000 (Rupees Twenty Five Thousand) as an advance and has fixed his wages Rs. 60,000 (Rupees Sixty Thousand) per year.

 

 

(d)  That the bonded labourer Jagseer Singh was working in the fields of the employer during whole day even in the night also. During the wheat and paddy transplantation season, the bonded keeper takes work from him for the continuous period of three months even not allowed him to go back to his home and on his repeated requests he has granted leave to him only for one night after one week.

 

(e)  That the bonded keeper was not paying the hard earned wages of the worker and when he was demanding his earned wages from him, then he flatly refused to give him money and pretext the matter by one way or the other.

 

 

(f)   That the employer did not allow him any weekly rest and also not paying wages for his overtime work. When he could not be able to attend the work due to sickness or any other urgent work, then he has imposed a fine upon him according to his will and desires and adds that fine to his bonded debt amount.

 

(g)  That the employer has taken thumb impression of the worker Jagseer Singh on some blank papers. The worker is an illiterate person and did not know that where he will use these documents.

 

(h)  That the Bonded Keeper Gurdev Singh Brar was not allowing the worker to go elsewhere even he was not allowing him to go back to his home and is extracting bonded labour from him and when he demanded his hard earned wages from the employer and express his desires to go to his home, then he imposed the bonded debt of Rs. 1,50,000 (Rupees One Lac Fifty Thousand) upon him.

 

(i)    That now the employer is abusing him and his family members on caste basis and threatening him that if he will not repay the bonded debt or will stop to work for him, then he will beat him and will forcibly take work from and will lodge some false and frivolous complaint against him and will also forcibly take into possession his dwelling house.

 

(j)    That now the Bonded Keeper Gurdev Singh Brar who was a police official, has lodged the false complaints against the worker and has demanded the bonded debt from him. The Police officials are now came to the house of the bonded labourer Jagseer Singh and continuously threatening him and his family members by saying if he will not pay the bonded debt or will stop to work for him then he and his family members will have to face the dire consequences.

 

(k)  That now Jagseer Singh does not wants to continue his services with the employer Gurdev Singh Brar as he has abused him on caste basis, has not pay his wages and now when he desired to left his work then he has imposed a bonded debt on him and is taking force labour from him.

 

(l)    That the worker was forced to leave the employment being under threats of false and frivolous complaints against him and also to escape the constant abuse by the employer. The employer has not paid his hard earned wages and on the other hand has even imposed a bonded debt against him.

 

(2)  The main questions involved in the complaint are as under:-

 

 

              I.        Whether, the employer is in violation of S.4 of the The Bonded Labour System (Abolition) Act 1976?

 

             II.        Whether, Jagseer Singh was subjected to the bonded labour system as defined under S. 2 (g) of the said Act by his employer Gurdev Singh Brar?

 

 

            III.        Whether, by recruiting the victim in order to exploit his labour and subject him to the bonded labour system, amounts to an offence of trafficking under section 370 of Indian Penal Code 1860?

 

           IV.        Whether there is violation of the labour legislations and Rules under Minimum Wages Act, 1948; Payment of Wages Act, 1936 and The Punjab Industrial Establishment (National And Festival Holidays And Casual And Sick Leave) Act, 1965, by the employer?

 

            V.        Whether, the Constitutional guarantees under Articles 15, 17, 21 and 23 have been eluded to the victim Jagseer Singh?

                   Therefore it is humbly prayed that:-

 

  1. A direction be given to the District Magistrate, Sri Muktsar Sahib, to take immediate action in this regard and the bonded labourer Jagseer Singh be released from bonded labour system by extinguishing his bonded debt.

 

  1. Action be taken against the employer under Law as mentioned in Paragraph 3.

 

  1. The bonded labourer be rehabilitate as per the rules.

 

  1. Any other relief which you’re good self deems to be fit to be granted to the victim.    

 

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