HC issues directions on outstanding wages and financial assistance to rescued child workers
New Delhi: The Delhi High Court has issued a series of directions to the city government to provide immediate financial assistance to rescued child laborers and recover their outstanding salaries.
The High Court said that when a rescued child is placed in a child care or juvenile home under the Delhi Government, a savings bank account of the minor should be opened jointly with the superintendent or in-charge of the child care institution for transfer of financial assistance. Will go.
A bench of Acting Chief Justice Manmohan Singh and Justice Manmeet PS Arora said that if the parents or guardians of the child are located in future, the amount of financial assistance will be transferred to them by the government a week after verification.
The court said that if any rescued child is sent back to his place of origin, the information will be shared by the Child Welfare Committee (CWC) with the Labor Department of the Delhi government to ascertain his bank account information and necessary Financial assistance can be obtained. Salary should be transferred.
It states that when the child becomes an adult, an application will be submitted to the bank and his/her savings account will be allowed to be operated as a single person.
“The NGOs and vigilance committees shall provide all coordination and assistance in providing information regarding bank account details and other relevant documents and records of the rescued children or their parents/guardians,” the bench said.
On the issue of recovery of outstanding wages, the bench said that the Labor Department will issue recovery notices to the employers within two working days of the release of the child.
Under the Minimum Wages Act or Payment of Wages Act, the Inspector will give two weeks time to the accused employer/owner to deposit the outstanding wages.
The court said that in cases where this amount is not deposited within such time limit, the inspector will then request the CWC to recover it as penalty.
“It is directed that if the back wages are not deposited by the accused employer/owner within the stipulated period of two weeks, a recovery certificate will be issued by the concerned authority and the back wages will be recovered by the concerned SDM against the arrears of land revenue. Will be recovered as per Rs. ,” it said.
The court said that in cases where outstanding wages are recovered for a particular bonded child labourer, it will be distributed to the minor or his parents or legal guardians in the same procedures mentioned for grant of financial assistance.
It added that payment will be made within a week of such recovery.
“The concerned authority shall ensure that actual recovery from the accused employer/owner is completed within three months from the date of issue of the recovery certificate. The concerned departments of the Delhi government will ensure strict time bound compliance of the directions,” the bench said.
The court passed these directions while dealing with two petitions filed by the fathers of two bonded child laborers seeking statutory financial support for their children and several other similar minors.
One of the petitions said there are around 115 rescued children who are yet to receive their back wages, and sought directions for time-bound recovery.
The second petition sought directions for payment of immediate financial rehabilitation assistance to the rescued child labourers.
During the pendency of the case, the authorities made joint suggestions providing for immediate financial assistance and a mechanism for speedy recovery of outstanding salaries and after examining them, the High Court approved the same and issued directions.
The court also asked the Delhi government to put these instructions on its website along with the standard operating procedure approved in the earlier case.
