Arvind Kumar of oppressed section provided three months services but no remuneration provided by company, police reluctant to take action

 

“We do not stop even if we are ill – what if our debt is increasing? So we don’t dare to stop.”

“[Other workers] tried to leave, but two got caught. They locked them up and started beating them. They told the workers, ‘if you want to go from here, you must pay 60,000, that is your debt’.

Puspal, former brick kiln worker in Punjab, India.

Today the International Labour Organisation estimates that around 50% of victims of forced labour in the private economy are affected by debt bondage – around 8 million people worldwide. 

Bonded labour flourishes because of poverty and widespread caste-based discrimination. Limited access to justice, education and jobs for discriminated groups makes it difficult to get out of poverty.

The need for cash for daily survival forces people to sell their labour in exchange for a loan. In South Asia bonded labour is rooted in the caste system and predominately affects Dalits (a caste called the ‘Untouchables’).

Bonded labour is most widespread in South Asian countries such as India and Pakistan. Often entire families have to work to pay off the debt taken by one of its members. Sometimes, the debt can be passed down the generations and children can be held in debt bondage because of a loan their parents had taken decades ago.

Report of Bonded labour and child labour situation in UP

A periodical review of the Bonded Labour and Child Labour situation in UP with focus on the Districts of the carpet-weaving belt was carried out by the NHRC. This periodical review by the NHRC has been mandated by the Supreme Court of India vide its order dated 11.11.97. The Commission's Special Rapporteur Shri Chaman Lal visited Varanasi, Mirzapur, Bhadoi, Allahabad and Kanpur from 2-7 September 2005. District-wise review was e carried out at Varanasi, Bhadoi, Mirzapur and Allahabad in meetings held with the District officials associated with these issues.Separate meetings were held with the NGOs working in the field of Child Labour at Varanasi, Bhadoi, Allahabad and Mirzapur.


The State Level Review of the Child Labour and Bonded Labour situation was made in a meeting held in the office of the Labour Commissioner, UP at Kanpur on 7th September, 2004. The meeting was attended by Shri Sharda Prasad, Labour Commissioner, Shri U.P. Singh, Deputy Labour Commissioner, HQs, Shri R.K. Shukla, Labour Enforcement Officer (Bonded Labour), Shri S.K. Sinha, Welfare Supdt. (Child Labour) and Shri R.A. Sharma, Welfare Supdt. (Bonded Labour). The last review of the Child Labour and Bonded Labour situation in UP with focus on the Carpet-weaving Belt was made in his visit to this region from 12-16 March 2004. Another brief review was done at Kanpur in a meeting with the Labour Commissioner and Sr. Officers of the Labour Department on 5-6th November 2004. The reports of both the Reviews were considered by the Commission and sent demi-officially to the Chief Secretary, UP by the JS on 23rd June 2004 and 16th March 2005 respectively. The Action Taken Reports from the Government of UP are still awaited. However, the ATR in respect of the First Report (March 2004) has been sent to the Principal Secretary, Labour, UP by the Labour Commissioner, UP. This formed part of the agenda of the current review meeting. Action on most of the observations/recommendations was found to have been completed. The pending matters find mention at appropriate places in this report.

The Review presents the following picture of the Child Labour and Bonded Labour situation in UP for the period from 1.1.2004 to 30.6.2005.

BONDED LABOUR
Vigilance Committees

Grievance Status for registration number : GOVUP/E/2022/27549

Grievance Concerns To
Name Of Complainant
Yogi M. P. Singh
Date of Receipt
05/05/2022
Received By Ministry/Department
Uttar Pradesh
Grievance Description
An application on behalf of Arvind Kumar S/O Mr. Santosh Kumar belonging to the oppressed section under Article 51 A of the constitution of India to make enquiry regarding the illogical conclusion of Abdul Kadir, Assistant police commissioner first, central Noida, Gautam Buddha Nagar and Rahul Kumar, sub inspector, police station sector 63, Noida, District-Gautam Buddha Nagar.
संदर्भ संख्या : 40014122006783 , दिनांक - 05 May 2022 तक की स्थिति आवेदनकर्ता का विवरण :शिकायत संख्या:-40014122006783 आवेदक का नाम-Arvind Kumar
अंतरित ऑनलाइन सन्दर्भ 29-04-2022 शिकायतकर्ता द्वारा असंतुष्ट फीडबैक प्राप्त होने पर उच्च अधिकारी को पुनः परीक्षण हेतु प्रेषित. क्षेत्राधिकारी / सहायक पुलिस आयुक्त-सहायक पुलिस आयुक्त- 1 सेंट्रल नॉएडा ,जनपद-गौतम बुद्ध नगर 04-05-2022 THIS IS A MATTER OF CHEQUE BOUNCING AND RELATED TO HONORABLE COURT निस्तारित
To register F.I.R. against the proprietor of the company of cheating and cheque bounce. Employee provided services for three months and in the name of providing remuneration, he visited three times from Allahabad to Noida.then employer provided a cheque to pay one month remuneration unfortunately this cheque bounced.
The Dishonour of a Cheque is a criminal offence under Section 138 of the Negotiable Instruments Act,1881. This act was brought into force in order to inculcate a sense of trust and a faith in the effectiveness of the banking operations in our country.
The matter concerns the bounce of cheque provided by the employer company named Propuser. Com, whose Address is - block - H-196,sector -63 Noida UP to the employee Arvind Kumar which is a criminal offence Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.
Company Address - block H-196,sector-63 Noida UP Company HR mobile number -7488816846 (Anamika) ,Rawat Sir team leader mob no -9818944077 Company Name - Propuser. Com, Company Address - block - H-196,sector -63 Noida UP
According to Abdul Kadir, Assistant police commissioner first, central Noida, Gautama Buddha Nagar and Rahul Kumar, sub inspector, police station sector 63, Noida, District-Gautam Buddha Nagar, the matter concerns cheque bounce is of civil nature which is amenable before the appropriate civil court. Which is an absurd conclusion of a police officer like Assistant police commissioner.
Whether it is justified that a company/employer may carry out its business without providing remuneration to its employees ipso facto obvious from the acts of the company and police local is in the good faith of the company.
Cheating is a criminal offence under the Indian Penal Code. Here the employer committed a criminal offence quite obvious from his cheating through a bounced cheque. Concerned investigation officer adopted a lackadaisical approach in the matter consequently such activities will be promoted in the society day by day. Sec 420 of IPC is an aggravated form of cheating. Simple cheating is punishable under Section 417 of IPC. Section 417 of IPC states that whoever is held liable for the offence of cheating shall be punished with imprisonment for a term which may extend to one year or with fine, or with both fine and imprisonment. Here employer also committed breach of trust but police failed to reach at stage to be instrumental in providing justice to aggrieved. Section 405 – 409 of the Indian Penal Code deals with the Criminal Breach of Trust. Here employer committed criminal breach of trust by not providing the salary to employer.
Please take action against corrupt nexus between police and unethical company carrying out business by keeping entire laws at the bay. Where is human rights of the Arvind Kumar belonging to oppressed section provided three months services to company at meagre salary less than minimum wages decided by the government of Uttar Pradesh and finally did not provide any salary. Cheque bounce was also preplanned strategy to cheat Arvind Kumar S/O Mr. Santosh Kumar. For more feedback, vide attached document to the grievance.
Grievance Document
Current Status
Case closed
Date of Action
21/05/2022
Remarks
अधीनस्थ अधिकारी के स्तर पर निस्तारित श्रीमान जी जांच आख्या सादर सेवा मे प्रेषित है श्रीमान जी आख्या संलग्न कर प्रेषित है, स्वीकार करने की कृपा करें
Reply Document
Rating
Poor
Rating Remarks
How can it be dispute of civil nature as claimed by the deputy commissioner of the Gautam Budh Nagar in the report submitted on the public revines portal of the Government of India through Jan sunvaee portal of the government off Uttar Pradesh. It is quite obvious that reign of the police in the state of Uttar Pradesh is in the hand of chief minister Yogi Adityanath itself and this police is it self creating Lawlessness and anarchy in the society by providing inconsistent and arbitrary reports in the grievances of the common people. Think about the cryptic approaches of the police of Gautam Budh Nagar that it did not reach to the opposition because it is frightened that after the interference of the police the matter will be resolved. How can the matter be of the civil nature because act of the company is of the criminal nature and company is acting like fraud. Entire episode reflects the insolence of the police and insensitivity to the grievances of the oppressed section.
Officer Concerns To
Officer Name
Shri Bhaskar Pandey (Joint Secretary)
Organisation name
Government of Uttar Pradesh
Contact Address
Chief Minister Secretariat , Room No. 321, U.P. Secretariat, Lucknow
Email Address
bhaskar.12214@gov.in
Contact Number
05222226350
Yogi

An anti-corruption crusader. Motive to build a strong society based on the principle of universal brotherhood.

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  1. How can it be dispute of civil nature as claimed by the deputy commissioner of the Gautam Budh Nagar in the report submitted on the public revines portal of the Government of India through Jan sunvaee portal of the government off Uttar Pradesh. It is quite obvious that reign of the police in the state of Uttar Pradesh is in the hand of chief minister Yogi Adityanath itself and this police is it self creating Lawlessness and anarchy in the society by providing inconsistent and arbitrary reports in the grievances of the common people.

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