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Girish Sharma v. The Deputy Labour Commissioner - WRIT - C No. 11248 of 2007 [2007] RD-AH 3676 (2 March 2007)


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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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