ULFIKAR Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this petition filed under Article 226/227 of the Constitution of India is to a RRC (Revenue Recovery Certificate) Annexure P-7. It is for recovery of Rs. 20,000/- issued under the provisions of Child Labour (Prohibition and Regulation) Act, 1986 (for short hereinafter called "The Act").

(2.) Petitioner is the resident of village Karoli in Tehsil- Manawar in District-Dhar. He gave contract to construct his house to one Radheshyam Patidar. It is said that on April 1, 1997 one Inspector appointed under the Act came on the spot where the house was under construction and found that one girl was working. According to report of Inspector the girl by name Idi was minor and hence, since she was found working in construction activity and hence petitioner was held liable to pay fine of Rs. 20,000/-. The case of petitioner in reply to show cause issued to him was that the girl was not actually working but she had come to meet her father-Jamsingh who was working as labourer in the construction work. According to petitioner, girl had come to deliver her father and lunch packet in the afternoon an hence, neither any case for taking action is made out nor has any breach occurred. By impugned RRC, the demand for Rs. 20,000/- is issued. It is this demand which is under challenge. Notice of the writ was issued to respondent/State. Reply is filed

(3.) Heard Shri J.B. Dave, learned counsel for the petitioner and Shri Sunil Jain, learned Government advocate for respondent- State.