SHYAM SETIA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Vide this order, above mentioned petitions would be disposed of as the controversy involved in all the cases is the same.

(2.) Learned counsel for the petitioner has submitted that as per Section 10 of the Act, in case any dispute arises qua the age of the child employed in an establishment, the matter can be referred for decision to the prescribed medical authority. As per Section 16 of the Act, the opinion of the medical authority would be conclusive evidence qua the age of the child to whom it relates. The children in question were examined by the Medical Board and as per the opinion of the Board, the age of the children was more than 14 years. As per Section 2(ii) of the Act, child means a person who has not completed his 14 year of age. Since the children, who were working in the factory of the petitioner, were more than 14 years of age, no offence could be said to have been committed by the petitioner under Section 14 of the Act.

(3.) Learned State counsel, on the other hand, has opposed the petitions.