Delhi High Court Directs Police To Trace Untraceable Employers For Recovery Of Rescued Child Labourers' Back Wages

The Delhi High Court has directed the Delhi Police to proactively assist in tracing employers who have gone untraceable, in order to ensure recovery of back wages owed to rescued child labourers.

Justice Sachin Datta observed that authorities are under a legal obligation to recover the dues payable to rescued children and ensure compliance with the statutory framework and judicial directions governing rehabilitation of child labourers.

The bench allowed a petition filed by the mothers of three minor girls who were rescued during a child labour raid conducted on May 9, 2023.

Following the raid, the Labour Department computed the back wages payable to the rescued children by their employers.

An FIR was subsequently registered under provisions of the Juvenile Justice Act and the Child and Adolescent Labour Act. However, despite repeated representations by the petitioners, the employers failed to deposit the wages.

The Court relied upon Kaum Faqeer Shah v. Ministry of Labour and Employment and Walter Kerketta v. Sub-Divisional Magistrate, which laid down a detailed procedure for recovery of back wages in such cases.

The directions require recovery notices to be issued within two working days of rescue, permit recovery certificates to be issued where employers fail to deposit wages, and mandate that the amounts be recovered as arrears of land revenue by the concerned SDM.

Taking note of the submission that the employers had become untraceable, the Court directed the concerned SDM to liase with the police authorities to trace the whereabouts of the concerned employers.

It further directed the Delhi Police to “pro-actively investigate and take all necessary measures” for tracing the employers so that recovery proceedings can be completed.

Appearance: Ms. Aanchal Bumb, Adv. for Petitioners; Ms. Avni Singh, Panel Counsel and Mr. Vaibhav Sharma, Adv., GNCTD.

Case Title: Tarannum Begum & Ors. v. GNCTD

Case no.: W.P.(C) 14656/2024

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