On the issue of recovery of back wages, the Bench said that Delhi government’s Department of Labour shall issue recovery notices to employers within two working days of the rescue of the child.
The Inspector under the Minimum Wages Act, 1948 or the Payment of Wages Act, 1936 shall grant the accused employer/owner two weeks’ time to deposit back wages. In those cases, where these amounts are not deposited within such a time-frame, the Inspector thereafter is to request the CWC to recover the same as fine, the Court ordered.
“It is directed in case back wages are not deposited by the accused employer/owner within the stipulated period of two (2) weeks, recovery certificates shall be issued by the concerned authority and the back wages shall be recovered as arrears of land revenue by the concerned SDM,” the Court further directed.
The Bench added that in cases where the back wages for a particular bonded child labour is recovered, the same shall be disbursed to the child or his/her parents/legal guardians in identical procedures as outlined for the grant of Financial Assistance.
Such disbursal shall be made within one week from such a recovery, the Court directed.
“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. The concerned departments of GNCTD shall ensure strict time bound compliance of the directions.”
Source: Barandbench
