ANNAPURNA HOTELS, CIVIL COURT COMPOUND, P S - PIRBHORE Vs. STATE OF BIHAR; LABOUR ENFORCEMENT OFFICER-CUM-INSPECTOR; LABOUR SUPERINTENDENT; SUPERINTENDENT OF POLICE; CERTIFICATE OFFICER CUM DISTRICT PANCHAYAT RAJ OFFICER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed for quashing of the notice of demand dated 30.03.2012 issued in Certificate Case No. 482 of 2011-12 under Section 7 of the Bihar and Odisha Act No. 4 of 1994 by the respondent no. 5, i.e. Certificate Officer, Begusarai whereby the petitioner has been directed to deposit a sum of Rs. 20,000/- to the Child Labour Rehabilitation-cum-Welfare Fund for the welfare of one Santosh Kumar Yadav under the provisions of the Child Labour (Prohibition and Regulation) Act, 1986; for quashing of the entire certificate proceedings initiated vide Certificate Case No. 482 of 2011- 12 at the instance of respondent no. 3 i.e. Labour Superintendent, Patna; and for connected reliefs.

(3.) Learned counsel for the petitioner makes a short submission in support of his contention that the certificate proceedings for recovery of Rs. 20,000/- by resort to the Bihar and Orissa Public Demands Recovery Act (for short "the PDR Act") is without jurisdiction inasmuch as the amount in question does not fall within the definition of "public demand" in terms of Section 3(6) thereof. It is submitted that the nature of the amount does not fall to be covered by any of the entries in Schedule I of the PDR Act and the petitioner has also not entered into any agreement with the respondents for recovery of the amount through certificate proceedings.