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1998 Supreme(All) 973

S.R.SINGH
ANIL KUMAR AGARWAL – Appellant
Versus
ASSISTANT LABOUR COMMISSIONER, MATHURA – Respondent


Advocates Appeared:
MANOJ MISRA


S. R. SINGH, J.

( 1 ) THE vexed question in the instant petition amongst others is whether child Labour compensation can be recovered from the alleged employer of child labour to enforce obedience to the rights and liabilities stemming from the Judgment of the Apex Court M. C. Mehtas case, m. C. Mehta v. State of T. N. and others, AIR 1997 SC 699, merely on the report of the inspector appointed under Section 17 of the Child Labour (Prohibition and Regulation) Act, 1986 (In Short the act) without an opportunity of hearing being given to the alleged employer. It is on this line that the petitioner has sought for issuance of writ of certiorari quashing firstly, the notices/orders dated 9. 7. 1997 issued/passed by the respondent No. 1 (Annexures-4, 5. 6 and 7) ; secondly, the Government Order dated 5. 6. 1998 (Annexure-12) by which the addl/deputy/asstt. Commissioner has been ceded power to issue recovery certificate for recovery of compensation payable by the offending employer as per the judgment of the Apex court in the case of M. C. Mehta v. State of Tamil Nadu and others (supra) and thirdly, the recovery proceedings initiated by the Collector. Mathura, against the petitioner in pu














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