Delhi High Court Issues Directions For Immediate Financial Assistance, Recovery Of Back Wages For Rescued Child Labourers

The Delhi High Court has issued a slew of directions for immediate financial assistance, recovery of back wages and legal proceedings to be followed by the authorities in the post rescue protocol of child labourers in the national capital.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed that when a rescued child is placed in a childcare or juvenile home under the care of the Delhi Government, a savings bank account shall be jointly opened immediately in the name of the minor, along with the Superintendent or In-charge of the respective Child Care Institution as the temporary guardian.

“If the parents/guardian of the rescued child are located at any point in time (in future), then subject to due verification and the provision of their bank particulars, the amount of financial assistance shall be transferred by the government electronically within one (1) week from the verification of this information,” the court said.

It added that where the rescued child, during the period of his stay at the Child Welfare Committee attains the age of majority, he or she shall be granted permission to operate such account as a sole individual.

The court also said that the NGOs and Vigilance committees shall extend all coordination and assistance in providing information with respect to bank account details and other relevant documents and records of rescued children or that of their parents or guardians.

Furthermore, the court directed that the Recovery Notices (for back wages) shall be issued by the Delhi Government's Labour Department within two working days of rescue of a child.

“In recovery proceedings, the Inspector under the Minimum Wages Act, 1948 or the Payment of Wages Act, 1936 shall grant the accused employer/owner two (2) weeks' time to deposit back wages,” the court said.

It further directed that in case backwages are not deposited by the accused employer or owner within two weeks, recovery certificates shall be issued by the concerned authority and the backwages shall be recovered as arrears of land revenue by the concerned SDM.

“In cases where the back wages for a particular bonded child labour is recovered, the same shall be disbursed to the said child or his/her parents/legal guardians in identical procedures as outlined for the Immediate Financial Assistance. Such disbursal shall be made within one (1) week from such a recovery,” the court said.

The bench passed the directions while disposing of with two pleas moved by fathers of two children who have been victim of bonded labour. They sought relief for their minor children as well as similarly placed children who have not received the benefit of financial assistance under the statutory schemes.

One of the pleas sought a direction for establishing a mechanism for a time bound recovery of back wages due to the rescued child labourer. The other petition sought a direction for payment of immediate financial rehabilitative assistance to the rescued child labourer.

Counsel for Petitioners: Mr. Robin Raju, Advocate

Counsel for Respondents: Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Advocate for R-1 Ms. Hetu Arora Sethi, ASC, GNCTD with Mr. Arjun Basra and Mr. Nirmal Prasad, Advocates for R-2 to 5

Title: KAUM FAQEER SHAH v. MINISTRY OF LABOUR AND EMPLOYMENT & ORS.

Citation: 2024 LiveLaw (Del) 48

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