IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1770 OF 2003 WRIT PETITION NO.1770 OF 2003 WRIT PETITION NO.1770 OF 2003 M/s.Spark Auto Works ...Petitioner M/s.Spark Auto Works ...Petitioner M/s.Spark Auto Works ...Petitioner Vs. Vs. Vs. The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents ----- ----- ----- Mr.V.S.Kapse for Petitioner Mr.V.S.Kapse for Petitioner Mr.V.S.Kapse for Petitioner Mr.P.M. Mokashi for Respondents 1 to 3 Mr.P.M. Mokashi for Respondents 1 to 3 Mr.P.M. Mokashi for Respondents 1 to 3 CORAM: SMT. ROSHAN DALVI, J. CORAM: SMT. ROSHAN DALVI, J. CORAM: SMT. ROSHAN DALVI, J. DATED: 10TH FEBRUARY, 2006 DATED: 10TH FEBRUARY, 2006 DATED: 10TH FEBRUARY, 2006 P.C. P.C. P.C. 1. Mr.Kapse for the Petitioner has produced the 1. Mr.Kapse for the Petitioner has produced the 1. Mr.Kapse for the Petitioner has produced the original birth certificate of the child who was found original birth certificate of the child who was found original birth certificate of the child who was found working in, what has been stated to be, a hazardous working in, what has been stated to be, a hazardous working in, what has been stated to be, a hazardous occupation in the garage of the Petitioner. The raid occupation in the garage of the Petitioner. The raid occupation in the garage of the Petitioner. The raid by the Authorities was on 13th December 2001 on which by the Authorities was on 13th December 2001 on which by the Authorities was on 13th December 2001 on which day notice under the Child Labour (Prevention and day notice under the Child Labour (Prevention and day notice under the Child Labour (Prevention and Regulation) Act, 1986 was issued upon the Petitioner. Regulation) Act, 1986 was issued upon the Petitioner. Regulation) Act, 1986 was issued upon the Petitioner. 2. The Petitioner is not seen to have employed 2. The Petitioner is not seen to have employed 2. The Petitioner is not seen to have employed any child labourer in his garage since the birth any child labourer in his garage since the birth any child labourer in his garage since the birth certificate shows that the child was born on 30th June certificate shows that the child was born on 30th June certificate shows that the child was born on 30th June 1987 and was fourteen and half years old on the date 1987 and was fourteen and half years old on the date 1987 and was fourteen and half years old on the date of the raid and accordingly does not fall within the of the raid and accordingly does not fall within the of the raid and accordingly does not fall within the margin of the said Act. The original birth margin of the said Act. The original birth margin of the said Act. The original birth certificate is returned to the Petitioner’s Advocate certificate is returned to the Petitioner’s Advocate certificate is returned to the Petitioner’s Advocate and the Xerox copy verified from the original is taken and the Xerox copy verified from the original is taken and the Xerox copy verified from the original is taken on record. The Petition is disposed of in terms of on record. The Petition is disposed of in terms of on record. The Petition is disposed of in terms of prayer (a) since the child is not seen to be covered prayer (a) since the child is not seen to be covered prayer (a) since the child is not seen to be covered by the Act. by the Act. by the Act. . Rule made absolute accordingly. . Rule made absolute accordingly. . Rule made absolute accordingly. (ROSHAN DALVI,J.) (ROSHAN DALVI,J.) (ROSHAN DALVI,J.)