Disposed

M/S Kaka Restaurant v. State of U.P. and 3 Others

Allahabad HC8 Aug 2018WRIC/26269/2018

Case brief

AI extract

What is this about?

The High Court reserved the disposal of a writ petition challenging a recovery order for child labour without adjudicating merits due to lack of reply by the petitioner. The court directed the petitioner to file a reply establishing children's ages within two weeks, instructing the labour commissioner to reconsider expeditively, and to keep the recovery certificate in abeyance for two months.

What did the court decide?

Order kept in abeyance for two months; petitioner directed to file reply with age proof to labour commissioner for fresh decision.

M/S Kaka Restaurant Vs State of U.P. and 3… — Labour and Industrial Disputes | Allahabad HC (2018)

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Court No. - 36

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Case :- WRIT - C No. - 26269 of 2018

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Petitioner :- M/S Kaka Restaurant Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Gupta,Chandra Bhan Gupta

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Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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The order dated 18.5.2018 passed by the Deputy Labour Commissioner, U.P. Noida Region, Gautam Budh Nagar for recovery of Rs. 60,000/- for employment of child labour under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (hereinafter referred to as 'the Act') is being challenged in the present petition with the assertion that as per the order impugned, three children employed in the establishment of the petitioner were approximately 16 years of age and therefore no proceeding under the aforesaid Act could have been undertaken against the petitioner.

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Learned counsel for the petitioner places definition of child under Section 2 (a) (ii) of the Act, 1986 to submit that child means a person who has not completed his fourteenth year of age, whereas the order impugned itself records that three kids working in the establishment were approximately 16 years of age.

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On a query made by this Court with regard to protection granted to a person between the age of 14 years to 18 years under the Act, 1986, it is submitted that the prohibition is only with respect to employment of adolescents in certain hazardous occupations and processes as per the Schedule attached to the Act, 1986 under Section 3-A of the Act 1986, wherein restaurant is not included in hazardous occupations and processes.

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These submissions of learned counsel for the petitioner to challenge the merits of the order dated 18.5.2018 do not require adjudication in the present petition inasmuch as the petitioner did not submit any reply before the Deputy Labour Commissioner. In this regard, submission of learned counsel for the petitioner that the registered notice dated 9.2.2018 was not served upon him, is not substantiated from any material on record.

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However, in order to grant an opportunity to the petitioner, the

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present petition is being disposed of with the directions as follows :-

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(i) The petitioner shall file his reply annexing the documents establishing the age of three kids engaged in his establishment as mentioned in the order impugned, within a period of two weeks along with certified copy of this order, before the Labour Commissioner, U.P. Noida Region, Gautam Budh Nagar.

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(ii) In case, reply is filed within the aforesaid period, the Deputy Labour Commissioner, U.P. Noida Region, Gautam Budh Nagar would be under obligation to consider the same and take a fresh decision in accordance with law considering the documents submitted by the petitioner for establishing the age of above noted kids, expeditiously preferably within a period of two months.

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(iii) For the period of two months from today, the recovery certificate issued pursuant to the order dated 18.5.2018 passed by the Deputy Labour Commissioner, U.P. Noida Region, Gautam Budh Nagar shall be kept in abeyance.

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(iv) However, it is clarified that the order of recovery dated 18.5.2018 would be subject to the fresh order passed by the Deputy Labour Commissioner, U.P. Noida Region, Gautam Budh Nagar, as directed above.

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Order Date :- 8.8.2018

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Pratima

M/S Kaka Restaurant v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Kaka Restaurant v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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