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2007 Supreme(Kar) 356

ASHOK B.HINCHIGERI, CHIDANANDA ULLAL
HAYAT KHAN – Appellant
Versus
DEPUTY LABOUR COMMISSIONER, REGIONAL OFFICE, BELGAUM – Respondent


Advocates appeared
Sri V.M. Sheelvant, Advocate for Appellant;
Sri Ravivarma Kumar, Senior Counsel as Amicus Curiae and Sri C.S. Patil, Additional Government Advocate for Respondents-1 to 3.

Chidananda Ullal, J.


JUDGMENT

This writ appeal is directed against the order dated 11-11-2005 passed by the learned Single Judge of this Court in Writ Petition No. 20439 of 2005 (L-WC) (Hayath Khan v Deputy Labour Commissioner, Regional Office, Belgaum and Others). In doing that, the learned Single Judge of this Court had dismissed the writ petition of the appellant.

2. The brief facts of the case are that the appellant-petitioner was running a motor-cycle repair shop under the name and style 'Best Service Centre'. The respondent 2 inspected the shop of the appellant on 18-7-2003 and reported that the appellant did employ a child labour in his shop and hence, he had registered a case for contravention of Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986 and issued a show-cause notice to the appellant calling upon him to show cause as to why compensation should not be recovered from him. He had also registered a criminal case against him. Before the respondent 1, the appellant had also filed an application seeking permission of the respondent 1 to cross-examine the respondent 2 with regard to his report. That application was allowed and the appellant had filed his wr


























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