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2026:CGHC:21092-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 251 of 2026 Dilip Singh S/o Shri Ramprakash Singh Aged About 45 Years Currently Posted As Area Manager, M/s Aditya Birla Fashion and Retail Limited (Pantaloons), Having Office At Ground Floor & First Floor, SRK Chambers, Mount Road, Sadar, Nagpur, Maharashtra- 440001
... Petitioner versus 1 – State of Chhattisgarh Through Secretary, Labour Department, Indravati Bhawan, Nava Raipur Atal Nagar, Distt. Raipur (C.G.) 2 – Labour Inspector Office of Labour Officer Under Child And Adolescent Labour (Prohibition And Regulation) Act, 1986, Rajnandgaon, District- Rajnandgaon, (C.G.)
... Respondents For Appellant : Mr. Ankit Singhal, Advocate For State : Dr. Saurabh Pande, Dy. AG
Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge
Order on Board Per, Ramesh Sinha, C.J. 06/05/2026
1. Heard Mr. Ankit Singhal, learned counsel for the Petitioner. Also heard Dr. Saurabh Pande, learned Deputy Advocate General, appearing ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.05.08 17:03:52 +0530
2 / 6 for the respondent/State. 2. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to allow this petition and may further be pleased to quash the criminal complaint case No. 32/Child Labour Cases/2025 dated 06.06.2024 filed by Respondent No. 2, against the Petitioner for offences punishable under Section 12 read with Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, pending before the court of learned IInd District and Additional Sessions Judge (For exclusive Labour Court Cases), Rajnandgaon (C.G.),; and 10.2 That this Hon'ble Court may kindly be pleased to set aside/quash the order of cognizance and summons order dated 21.04.2025 whereby learned Labour Court has taken cognizance against the Petitioner in criminal complaint case No. 32/Child Labour Cases/2025, passed by the learned IInd District and Additional Sessions Judge (For exclusive Labour Court Cases), Rajnandgaon (C.G.), for the offences punishable under Section 12 read withSection 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; and 10.3 That this Hon'ble Court may kindly be pleased to set
3 / 6 aside/quash the order dated 2.2.2026 and 24.02.2026 whereby the Learned Labour Court has issued arrest warrant against the present Petitioner in criminal complaint case No. 32/Child Labour Cases/2025, passed by the learned IInd District and Additional Sessions Judge (For exclusive Labour Court Cases), Rajnandgaon (C.G.), for the offences punishable under Section 12 read with Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; and 10.4 That this Hon'ble Court may kindly be pleased to quash entire proceedings against the present Petitioner arising out of the criminal complaint case No. 32/Child Labour Cases/2025 dated 6.6.2024, and pending before the learned IInd District and Additional Sessions Judge (For exclusive Labour Court Cases), Rajnandgaon (C.G.), for the offences punishable under Section 12 read with Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; and 10.5 Any other relief or relief(s) which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case, may also kindly be granted.
3. This is the second round of litigation. Earlier the petitioner has filed a writ petition bearing WPCR No.226 of 2026 before this Court seeking quashment of the criminal complaint dated 06/06/2024,
4 / 6 cognizance and summons order dated 21/04/2025, the order of issuance of arrest warrant dated 02/02/2026, and all the proceedings relating to the criminal complaint case No.32/Child Labour Cases/2025. On 23/04/2026 the petitioner prayed to withdraw the said petition with liberty to file afresh petition and that was subject to depositing a cost of Rs.15,000/- by the petitioner. On 25/04/2026 in compliance of the order dated 23/04/2026 the petitioner has deposited the cost of Rs.15000/- in the Registry of this Court. 4. The brief facts of the case as projected by the petitioner are that on 10.12.2023, the Respondent No. 2 conducted an inspection at the store/establishment of the Aditya Birla Fashion Pvt. Ltd. (Pantaloons) (hereinafter referred to as the "company"), situated at Main Road, Basantpur Road, near Nandai Chowk Rajnandgaon (C.G.) (hereinafter referred to as the "establishment"). During the inspection, it was found that statutory notices under Section 12 of the Act of 1986, were not displayed at conspicuous locations in the premises of the establishment. Accordingly, the Respondent No. 2 filed a complaint dated 06.06.2024 for the offences punishable under Section 12 read with Section14 of the Act of 1986, against the present Petitioner and as many as 13 other accused persons, including the directors of the company. Thereafter on 21.04.2025, case bearing no. 32/Child Labour Cases/2025 was registered before the Ld. Labour Court against the present Petitioner and 13 other accused persons for offences punishable under Section12 read with Section 14 of the Act of 1986. That notices were issued to the accused persons, however, they were
5 / 6 returned as unserved and incorrect addresses. That no valid service of summons was ever effected upon the present Petitioner, as the same were not issued or delivered to the Petitioner's registered address. During the pendency of the case, the accused No. 14, namely, Shri Nemchand Pal, the store the manager/Occupier on 08.12.2025, appeared before the Ld. Labour Court admitted the violation and was
directed to deposit a fine of Rs. 2,000/- with a default sentence of 15 days of simple imprisonment for non-payment of fine. That the Accused No. 14 has already paid the fine amount of Rs. 2,000/- and as such the criminal complaint against him stands compounded vide order dated
08.12.2025. On 02/02/2026 and 24/02/2026, the learned Labour Court has issued arrest warrants for the arrest of the present Petitioner, along with other accused persons. Hence this petition.
5.
Learned counsel for the petitioner would submit that the petitioner is the Area Manager of the Company in question and it is stated that the warrant of arrest has been issued against him. It is further submitted that the offences in question have already been compounded by the Store Manager before the Labour Court and he is ready to appear before the Court concerned and file the appropriate application till then the warrant of arrest issued against the petitioner may be kept in abeyance.
6. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioner and would submit that inspite of issuance of warrant for appearing before the Court, when the petitioner
6 / 6 failed to appear, therefore, the Court has to issue warrant of arrest against him on 02/02/2026 and 24/02/2026.
7. We have heard learned counsel for the parties and perused the documents.
8. Considering the entire facts & circumstances of the case, the petitioner is granted three weeks’ time to appear before the concerned Court and make an application for recalling of the arrest warrant. Since it is a complaint case and arrest is not required, the learned Magistrate shall consider the said application in accordance with law. It is directed that for a period of three weeks, the warrant of arrest issued against the petitioner dated 02/02/2026 and 24/02/2026 by the learned Labour Court in Case No.32/Child Labour Cases/2025, passed by the learned IInd District and Additional Sessions Judge (For exclusive Labour Court Cases), Rajnandgaon, C.G., shall remain stayed.
9. With the aforesaid observation, the instant writ petition stands
disposed of.
SD/- SD/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ashu