JAGVEER SINGH Vs. D L C

JUDGEMENT

(1.) BY means of this writ petition, the petitioner is challenging the notice dated 2.7.1999 issued by the Labour Commissioner, U.P. Meerut wherein it has been held that on a survey conducted on 12.2.1999 of the petitioner's establishment one Gulfam aged about 13 years was found to be working and since his age was below 14 years, the employer had violated the provisions of the Child Labour (Prohibition and Regulation) Act, 1986 (the Act of 1986) and penalty of Rs.20,000/ - was imposed upon the petitioner.

(2.) THE facts of the case in brief are that a notice was issued to the petitioner alongwith survey report wherein it has been alleged that on an inspection made on 12.2.1999 it was found that one Gulfam son of Taj Mohammad found in the employment of the petitioner who was the proprietor of M/s Car Tip Top Auto Repair and thus the petitioner had by employing a child below the age of 14 years in his establishment had violated the provisions of the Act of 1986. A penalty of Rs.20,000/ - was imposed against the petitioner.

(3.) THE petitioner filed his objection on 23.7.1999 (Annexure -2 to the writ petition) wherein it was stated that the said Gulfam was more than 15 years of age and the affidavit of father of the child Taj Mohammad was also attached to the objection. However by the impugned order dated 16.10.1999 the Dy. Labour Commissioner, Meerut has proceeded to issue recovery certificate for recovery of penalty of Rs.20,000/ - from the petitioner. Hence the present writ petition.