Delhi HC orders recovery of back wages for 3 rescued child labourers
Synopsis
Key Takeaways
The Delhi High Court has directed authorities to take immediate steps to recover back wages owed to three minor girls rescued during a child labour raid in the national capital, while also instructing the police to trace employers who are allegedly untraceable. The order was passed on 26 May by a single-judge Bench of Justice Sachin Datta, who allowed a petition filed by the mothers of the rescued children.
Background of the Case
The three girls were rescued during a child labour raid conducted on 9 May 2023. Following the raid, the office of the Joint Labour Commissioner, West, computed the back wages payable by the employers. An FIR was subsequently registered under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
Despite the wage computation and repeated representations made by the petitioners before the authorities, the employers failed to deposit the dues — prompting the mothers to approach the High Court.
What the Court Directed
Justice Datta reiterated that authorities are under a legal obligation to initiate recovery proceedings in a time-bound manner, noting that the issue had already been settled by earlier judgments. The court's order reproduced portions of a prior ruling which mandated that recovery notices be issued within two working days of a child labourer's rescue, and that if employers fail to deposit wages within two weeks, recovery certificates must be issued and the amount recovered as arrears of land revenue through the concerned Sub-Divisional Magistrate (SDM).
The High Court ordered that the amounts due be remitted directly to the bank accounts of the rescued children within two weeks. It further directed the SDM to coordinate with the police to ascertain the whereabouts of the absconding employers.
Police Directed to Probe Employer Whereabouts
'The Delhi Police is directed to proactively investigate and take all necessary measures for the said purpose,' Justice Datta ordered. The court expressed hope that the recovery process would be completed expeditiously and 'preferably within a period of three months.'
The matter has been listed for a compliance hearing on 28 October, by which date authorities must file a compliance affidavit before the court.
Broader Significance
This case highlights a persistent gap in enforcement: even when child labour raids are conducted and wages computed by official bodies, the actual disbursement to rescued children routinely stalls. This is not an isolated instance — legal aid practitioners have flagged similar delays in multiple Delhi districts, where employer non-compliance and administrative inertia leave vulnerable children without the statutory protections they are entitled to. The court's insistence on a three-month outer limit and a formal compliance affidavit signals judicial impatience with systemic foot-dragging.