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Synopsis

The Delhi High Court has issued a series of directions outlining the procedures to be followed by both central and state agencies for the recovery of back wages and the provision of financial assistance to bonded child labourers.

The division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora emphasized the need for a systematic approach to ensure the welfare of rescued children.

The court mandated that upon the rescue of a child and their placement in a childcare or juvenile home, a savings account should be promptly opened in the child's name, jointly with the superintendent or in-charge of the childcare institution (acting as the temporary guardian). If the parents or guardians of the rescued child are located in the future or if repatriation occurs, the financial assistance and recovered back wages must be transferred to their accounts within one week.

In cases where the child attains the age of majority while under the care of the Child Welfare Committee (CWC), the court asserted that the individual could apply directly to the bank to operate the account independently.

Regarding the recovery of back wages, the court directed the Delhi government's Department of Labour to issue recovery notices to employers within two working days of the child's rescue. Employers are given a two-week window to deposit back wages. Failure to comply within this timeframe would prompt the inspector to request the CWC recover the amount as a fine.

The court ordered, "In case back wages are not deposited by the accused employer or owner within the stipulated period of two (2) weeks, recovery certificates shall be issued by the concerned authority, and the back wages shall be recovered as arrears of land revenue by the concerned SDM."

For efficient implementation, the court emphasized that the actual recovery from the employer must be completed within three months from the issuance of the recovery certificate, and strict compliance with these directions by the concerned departments of GNCTD (Government of the National Capital Territory of Delhi) is mandatory.

These directions were formulated while addressing two petitions filed by the fathers of bonded child labourers, seeking statutory financial assistance for their children and other similarly situated children. One petition highlighted nearly 115 children awaiting their back wages and sought time-bound recovery, while the other sought immediate financial rehabilitative assistance for rescued child labourers.

The court commended the collaborative efforts of the petitioner's counsel and government agencies in providing joint suggestions, which were subsequently approved and mandated for implementation.

The bench directed the Delhi government to publish these directives on its website, along with the approved standard operating procedures from an earlier matter. Additionally, the authorities were instructed to expedite the recovery of pending back wages for the listed 115 children in line with the stipulated guidelines.

Case Title: Kaum Faqeer Shah v. Ministry of Labour and Employment and Ors.