- (1.) RAJIV Sharma, J. Heard learned Counsel for the petitioner and learned Standing Counsel, who nas accepted notice on behalf of opposite par-ties.
(2.) WITH the consent of the learned Counsel for the parties, writ petition is finally disposed of at the admission stage. The petitioner in the writ petition nas questioned the validity and correct-ness of the notice/orders dated 16. 12. 2006 and 20. 9. 2007 issued by Assistant Labour Commissioner requiring the petitioner to deposit Rs. 20. 000/- as penalty on the ground that on the date of inspection by the opposite party No. 1 of the shop of the petitioner, a child labour, aged about 12 years was working which is in violation of the provision of the Child Labour (Prohibition and Regulation) Act, 1986. It is submitted by the petitioner that he was wrongly challaned in so far as the age of the'child determined by the Chief Medical Officer child as more than 15 years. The report of the Ghief Medical Officer dated 29. 10. 2007 nas been an-nexed as Annexure-3 to the writ petition.
(3.) IN the backdrop of the aforesaid facts, learned Counsel for the petitioner has contended that the impugned notice/order is non est and perse illegal. He has also contended that the impugned order has been passed in blatant disre-gard of the principles of natural justice as no opportunity has been given to the petitioner to present his version or to defend himself and straightaway the petitioner has been required to pay the penalty/compensation. The Child Labour (Prohibition and Regulation) Act, 1986 (hereinafter re-ferred to as the Act) has been enacted with the object to prohibit the engagement of children in certain employments and to regulate the conditions of work of chil-dren in certain other employments. The word "child" has been defined in Section 2 (ii) of Child Labour (Prohibition and Regulation) Act, 1986, and it means a person who has not completed his fourteenth year of age. Section 3 of the Act puts an embargo on employment of any child labour in any of the occupations set forth in Part of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on. Section 14 of the Act deals with penalties and provides as under: " 14. Penalties.- (1) Whoever employs any child or permits any child to work in contravention of the provisions of Section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may be extend to one year or with fine which shall not be less than ten thou-sand rupees but which may extend to twenty thousand rupees or with both. (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . *. . . . . . . . . . . ";