Delhi HC Issues Directions For Immediate Financial Assistance To Rescued Child Labourers & Recovery Of Back Wages
|The Delhi High has issued some directions for the immediate financial assistance to the rescued child labourers and recovery of back wages and legal proceedings in this regard.
The Court was dealing with two petitions filed by the fathers of two-bonded child labourers seeking relief for their children and other minors.
A Division Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said, “The Petitioner in W.P. (C) 10462/2020 has sought a direction for establishing a mechanism for a time bound recovery of back wages due to the rescued child labourer. Similarly, the Petitioner in W.P.(C) No. 159/2021 has sought a direction for payment of immediate financial rehabilitative assistance to the rescued child labourer. This Court has perused the Joint Suggestions dated 12.12.2023 and is satisfied that the same are lawful. Accordingly, this Court approves the said Joint Suggestions”
Advocate Robin Raju represented the petitioner while CGSC Nidhi Raman represented the respondents.
In this case, the petitions were filed seeking relief for the minor child of the father (petitioner) as well as similarly placed children who had not received the benefit of financial assistance under the statutory schemes. He sought directions for expeditious recovery of long pending back-wages of his child and 115 similar other child victims of bonded labour. He stated that the said victims have been categorised into two groups.
As per him, the first category comprises of those cases where recovery of back-wages has been initiated by the Ministry of Labour and Employment and the second category comprises of cases where the Ministry has failed to initiate recovery proceedings. He stated that the tabular list annexed with the writ petition reveals that there are cases where recovery notices date back 7 years; however, the back-wages have not been provided to the rescued children.
The High Court in view of the aforesaid submissions issued the following directions:
A. Immediate Financial Assistance
(i) In the event such a rescued child is placed in a childcare/juvenile home under the care of the Govt. of NCT of Delhi, a savings bank account shall be jointly opened immediately after the rescue of the child.
(ii) 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.
(iii) In the event the rescued child is repatriated to his native place immediately upon rescue, the said information shall be shared by CWC with the Department of Labour, Government of NCT of Delhi, so that information with respect to the bank account opened with respect to such a child can be ascertained and necessary financial assistance as well as recovered back wages shall be transferred to such account within one (1) week of receipt of such information.
(iv) In the event that the rescued child who as per (i) remained under the care of the CWC, and during the period of his stay at such CWC attains the age of majority, then, upon such an individual submitting an application directly to the bank where an account has been opened in his name, he/she shall be granted permission to operate such account as a sole individual.
(v) 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/guardians.
B. Recovery of back wages and legal proceedings in this regard
(i) Recovery Notices shall be issued by the Department of Labour, Government of NCT of Delhi within a period of two (2) working days of rescue of a child.
(ii) 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.
(iii) 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.
(iv) 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/guardians in accordance with Clause 11 of the “Standard Operating Procedure for Identification of Bonded Labourers and Release of Immediate Financial Assistance” as approved by this Court in its judgment dated 04.07.2019 passed in W.P.(C) No. 9744/2017, titled “Walter Kerketta v Sub-Divisional Magistrate, South- East Delhi &Ors.”
(v) The concerned authority shall ensure that the actual recovery from the accused employer/owner is completed within three (3) months from the date of issue of recovery certificate.
(vi) The concerned departments of GNCTD shall ensure strict time bound compliance of the directions.
Accordingly, the High Court disposed of the writ petitions.
Cause Title- Kaum Faqeer Shah v. Ministry of Labour and Employment & Ors. (Neutral Citation: 2024:DHC:188-DB)
Appearance:
Petitioner: Advocate Robin Raju
Respondents: Advocate Zubin Singh, ASC Hetu Arora Sethi, Advocates Arjun Basra and Nirmal Prasad