High Court of Judicature at Allahabad
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Girish Sharma v. The Deputy Labour Commissioner - WRIT - C No. 11248 of 2007  RD-AH 3676 (2 March 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and the learned standing counsel. By consent of parties the writ petition is being finally disposed of.
Petitioner's case in the writ petition is that after inspection made by the Labour Enforcement Officer the age of the child labour was assessed as 13 years against which the petitioner filed an objection and prayed for that he be given an opportunity to obtain a certificate from the Chief Medical Officer of the age and till he obtains the certificate no proceedings be taken for recovery. On the representation of the petitioner although recommendation was made to give opportunity to file medical certificate but the same was rejected by the Deputy Labour Commissioner on 13.2.2007 and decision was taken to proceed with the recovery. Learned counsel for the petitioner submitted that the petitioner was not given opportunity to file medical certificate for the age of child labour. The submission of the petitioner has substance. The Deputy Labour Commissioner ought to have given opportunity to obtain certificate from the medical authorities and thereafter the matter ought to have been decided.
In the mean time the petitioner is directed to file detailed objections and report of the medical authorities within two weeks and thereafter the Deputy Labour Commissioner may decide the matter within further period of two months. Till the decision is taken by the Deputy Labour Commissioner the recovery certificate against the petitioner shall be kept in abeyance. However, the Deputy Labour Commissioner may proceed in accordance with law.
With the above observations the writ petition is disposed of.
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