YASHWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. The grievance of the petitioner is that he neither runs any shop nor the person claimed to be engaged as child labour was ever employed by him. He further goes to say that no person by that name as alleged to be child labour is in the village and the authorities have proceeded cursorily and without application of mind. According to the petitioner, he is a milkman and does not have any fixed establishment or place from where he is running his business and therefore there is no question of any inspection or engagement of any child labour. It is further submitted that the petitioner was not aware of any proceeding pending against him and therefore there was no reason for him to respond to a notice which he never received but it appears that the authorities have proceeded against the petitioner and he was detained for non compliance of the notice and he was released only after depositing Rs.10,000/- (rupees ten thousand) towards the demand of Rs.20,000/- (rupees twenty thousand). The learned counsel for the petitioner further submits that he is very poor person and may be arrested again. Learned Standing Counsel was granted time to seek instructions in the matter. Till date no instructions have been received. In the interest of justice, it is provided that if the petitioner has deposited Rs.10,000/- (rupees ten thousand), no further coercive action will be taken against the petitioner until next date of listing. Learned Standing Counsel shall seek instructions in the matter and file counter affidavit within a period of three weeks, two weeks thereafter are granted to the petitioner to file rejoinder affidavit. List this case after six weeks.