D.B.MALLIKARJUNA Vs. LABOUR INSPECTOR

JUDGEMENT

(1.) The petitioner is before this Court seeking for a certiorari to quash the order dated 05.07.2010 bearing No.KA Ni Ba-1/ Baa Kaa Kaa/ Thanikhe/ 2009-10, passed by respondent No.1 vide AnnexureD.

(2.) The petitioner contends that respondent No.2 has initiated a false proceedings under Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986 against the petitioner alleging that the petitioner has engaged the services of a minor.

(3.) In regard to the crime alleged, the Labour Officer relies upon a certificate stated to have been issued by the Medical Officer in terms of Annexure-R6, wherein the age of the minor employee is shown to be 13-14 years. On the basis of the said certificate of age, respondent No.1 has imposed penalty of Rs.20,000/- on the petitioner by way of the impugned order and aggrieved by the same, the petitioner is before this Court.