Employers to face stringent measures as SDM and Police collaborate for recovery within three months.
In a significant judgment, the Delhi High Court has mandated the recovery of back wages for three rescued minor girls, victims of child labour, within a strict timeline of three months. Justice Sachin Datta presided over the case where the petitioners, mothers of the rescued children, sought judicial intervention after employers failed to deposit calculated back wages post-rescue operations conducted in May 2023.
The court directed the Sub-Divisional Magistrate (SDM) to issue recovery certificates and treat the recovery as arrears of land revenue. In a proactive approach, the court has also ordered the SDM to collaborate with Delhi Police to trace employers who remain untraceable. The police have been instructed to actively investigate and assist in the recovery process to ensure compliance.
The judgment draws from previous rulings, including Kaum Faqeer Shah vs. Ministry of Labour and Employment and Walter Kerketta vs. Sub-Divisional Magistrate, which set a precedent for handling such cases. It was emphasized that the Labour Department must issue recovery notices promptly and pursue the recovery diligently, utilizing all available legal provisions.
The court expressed its expectation for authorities to adhere to the timelines and report progress in a compliance affidavit by the next hearing scheduled for October 28, 2026. This ruling underscores the judiciary's commitment to eradicating child labour and ensuring justice for victims through swift legal and administrative actions.
Bottom line:-
Child labour - Back wages for rescued minor girls - Employers failing to deposit wages - Directions issued for recovery as arrears of land revenue through SDM, with time-bound compliance.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 75 and 79; Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, Sections 3 and 14.
Tarannum Begum v. GNCTD, (Delhi) : Law Finder Doc id # 2907125
