HC quashes proceedings against convict in child labour case

: Citing relevant documents not being produced in court by officials in a child labour case, Madras High Court bench has quashed the Virudhunagar district administration's proceedings against a woman,ordered to put Rs 2 lakh fine into Child Labour rehabilitation cum welfare fund.
Justice M V Muralidharan had recently allowed a petition by one S Dhanalakshmi, against whom the District Collector had initiated action in the case and ordered her to deposit Rs two lakh at the rate of Rs 20,000 per child engaged by her, into the fund, as per a Supreme Court order in 1996.
The Apex Court had directed all state governments to create a law to set up this Fund in every district by collecting compensation from violators of Child labour Prohibition and Regulation Act, 1986.

The judge said officials had failed to produce relevant documents, based on which the proceedings were ordered against the petitioner.
The Inspector of Factories, Sivakasi, one of the respondents, had not mentioned the correct case number of the Apex Court judgement and explained why the petitioner was convicted, he said.
The judge said the proposal of the Inspector of factories and the memorandum of instructions, under which the petitioner was convicted had not been submitted in court though it had granted adequate time since 2009, when the case was filed.

In the absence of the records, the court was unable to accept the contention of the Inspector of Factories, justifying the fine, the court noted.

The respondents had failed to defend the case and bring to the court's notice the December 10 1996 Apex Court order, he said.
The Apex Court had passed orders on a PIL filed by lawyer M C Mehtha in 1996.