- (1.) Heard Mr. Gulam Rabbani, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents.
(2.) The petitioner has approached this Court being aggrieved by the order dated 09.07.2015 passed by the Deputy Labour Commissioner, Faizabad Division Faizabad, whereby petitioner has been found to be guilty of Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986 (hereinafter referred to as Act, 1986) and a penalty of Rs.20,000/- has been imposed upon him for employing the person below the age of fourteen years.
(3.) The brief facts of the case are that petitioner runs a Motor Cycle repairing shop in the name and style Pappu Hero Honda Repairing Centre, Mawai Chauraha Faizabad and on 13.08.2013 the Labour Enforcement Officer/ Inspector, Faizabad. Respondent No.4 came to the shop of the petitioner and found one Sonu to be working in the repair shop. On the basis of the aforesaid a show cause notice dated 18.12.2013 was given to the petitioner with direction to give a reply to the allegations stated therein with regard to the fact that he had employed a minor in his shop who was found during the inspection of the premises of the petitioner. The petitioner has submitted his reply on 12.02.2014 and denying the fact that he had employed any minor in his shop and submitted a marksheet of a student named as Shiv Kumar having the date of birth as 15.02.1996 and submitted that person so named in the show cause notice is not a minor and is aged around eighteen years and therefore there is no violation Section 3 of the of Act, 1986.;