Tarannum Begum & Ors. vs Gnctd & Ors.

$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.05.2026
+ W.P.(C) 14656/2024
TARANNUM BEGUM & ORS. .....Petitioners
Through: Ms. Aanchal Bumb, Adv.
versus

GNCTD & ORS. .....Respondents
Through: Ms. Avni Singh, Panel Counsel and
Mr. Vaibhav Sharma, Adv., GNCTD.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. (ORAL)

1. The petitioners herein are the mothers of three minor girls, who were
rescued during a child labour raid conducted on 09.05.2023.
2. Following the said raid, on 10.05.2023, the office of the Joint Labour
Commissioner (West) / respondent no.2 computed the back wages owed to
the rescued children by their employers, amounting as under:

Signature Not Verified
W.P.(C) 14656/2024 Page 1 of 5

Digitally Signed
By:CHINU LUTHRA
Signing Date:23.05.2026
15:55:46

3. Following this, on 11.05.2023, an FIR was registered under sections
75/79 of the Juvenile Justice (Care and Protection of Children) Act, 2015
and 3/14 of the Child and Adolescent Labour Act, 1986. However, the
employers failed to deposit the aforesaid wages.
4. Despite passage of considerable period of time and multiple
representations made by the petitioners to the SDM and labour authorities,
the respondents have failed to recover the money from the employers.
Consequently, the present petition has been filed.
5. It is not disputed that in terms of the judgments passed by this Court
in Kaum Faqeer Shah vs. Ministry of Labour and Employment & Ors. ,
2024 SCC OnLine Del 128and Walter Kerketta vs. Sub-Divisional
Magistrate-Delhi South East Dist. & Ors. , passed in W.P.(C) 9744/2017
dated 04.07.2018, the necessary amounts are required to be recovered.
6. Specific attention is drawn to the judgment in Kaum Faqeer Shah
(supra) which inter - alia delineates the procedure to be followed in these
matters. The relevant portion of the same reads as under:
“ B. Recovery of back wages and legal proceedings in this regard
As per the Central Sector Scheme for Rehabilitation of Bonded
Labourers - 2016, an expeditious trial under Section 21 of the Bonded
Labour System (Abolition) Act, 1976 is to be concluded within three (3)
months from the date of identification or rescue, whichever is later.
The benefits to labourers under the Standard Operating Procedure
formulated by the GNCTD approved by this Hon'ble Court in its judgment
dated 04.07.2018 in W.P. (C) No. 9744/2017 titled “Walter Kerketta v. Sub-
Divisional Magistrate, South-East Dist.,.” provides that the Labour
Department must immediately initiate proceedings for the recovery of back
wages from the accused employers/owners, including wages for overtime in
accordance with the Minimum Wages Act, 1948. However, there is no time-
limit statutorily prescribed under the Minimum Wages Act, 1948 for the
initiation and conclusion of the proceedings for the recovery of such back
wages. However, it is hereby directed that:
Signature Not Verified
W.P.(C) 14656/2024 Page 2 of 5

Digitally Signed
By:CHINU LUTHRA
Signing Date:23.05.2026
15:55:46

(i) Recovery Notices shall be issued by the Department of Labour,
Government of NCT of Delhi within a period of two (2) working days
of rescue of a child.
(ii) In recovery proceedings, the Inspector under the Minimum Wages
Act, 1948 or the Payment of Wages Act, 1936 shall grant the accused
employer/owner two (2) weeks' time to deposit back wages. In those
cases, wherein these amounts are not deposited within such a time-
frame, the Inspector thereafter requests the Child Welfare Committee
(‘CWC’) to recover the same as fine, as the Chairperson are bench of
magistrates. It is directed in case backwages 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 backwages shall be recovered as arrears of land revenue by
the concerned SDM;
(iii) In cases where the back wages for a particular bonded child labour is
recovered, the same shall be disbursed to the said child or his/her
parents/legal guardians in identical procedures as outlined for the
Immediate Financial Assistance. Such disbursal shall be made within one
(1) week from such a recovery.
(iv) NGOs and Vigilance committees shall extend all coordination and
assistance in providing information with respect to bank account
details and other relevant documents and records of rescued children
or that of their parents/guardians in accordance with Clause 11 of the
“Standard Operating Procedure for Identification of Bonded
Labourers and Release of Immediate Financial Assistance” as
approved by this Court in its judgment dated 04.07.2019 passed in
W.P.(C) No. 9744/2017, titled “Walter Kerketta v. Sub-Divisional
Magistrate, South-East Delhi.”
(v) 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.
(vi) The concerned departments of GNCTD shall ensure strict time bound
compliance of the directions.
11. We place on record our appreciation for the joint exercise undertaken by
the Petitioner and the Respondent Nos. 2 to 5 for formulating the Joint
Suggestions. We direct Government of NCT of Delhi to place the aforesaid
directions on the website along with the SOP approved in W.P.(C) No.
9744/2017, titled “Walter Kerketta v. Sub-Divisional Magistrate, South-East
Dist..”
Signature Not Verified
W.P.(C) 14656/2024 Page 3 of 5

Digitally Signed
By:CHINU LUTHRA
Signing Date:23.05.2026
15:55:46

12. The Respondent No. 2 is directed to ensure that amounts due and payable
in the three (3) bank accounts of the rescued children, furnished by the learned
counsel for the Petitioner are remitted within the period of two (2) weeks from
today.
13. In addition, the prayers in W.P. (C) 10462/2020 are disposed of directing
the Respondent Nos. 2 to 5 to recover the pending backwages of the children
enlisted in Annexure P-12 (both in category A and category B) in a time bound
manner as per the aforesaid directions.
14. So also, the prayers in W.P. (C) 159/2021 are disposed of directing the
Respondent Nos. 3 and 4 to provide immediate financial assistance to the
children enlisted in Annexure P-14 in terms of the aforesaid directions issued by
this Court.
15. With the aforesaid directions, the writ petitions stand disposed of. ”

7. In the circumstances, the present petition is allowed.
8. Let requisite steps immediately be taken by the concerned authorities
to recover the amount, as directed vide the aforequoted portion of the
judgment in Kaum Faqeer Shah (supra). The recovery certificate shall be
issued by the concerned authorities and back-wages shall be recovered as
arrears of land revenue by the concerned SDM.
9. Considering that it transpires that the employers from whom the
recovery are to be made are untraceable, the concerned SDM is directed to
liase with the police authorities to trace the whereabouts of the concerned
employers.The Delhi Police is directed to pro-actively investigate and take
all necessary measures for the said purpose.
10. It is hoped and expected that the necessary recovery shall be made
expeditiously and preferably within a period of three months from today.
11. List on 28.10.2026 for reporting compliance.
12. Let a compliance affidavit be filed before the next date of hearing.
13. Let a copy of this order be communicated by the concerned SDM to
Signature Not Verified
W.P.(C) 14656/2024 Page 4 of 5

Digitally Signed
By:CHINU LUTHRA
Signing Date:23.05.2026
15:55:46

the concerned police officials.

MAY 19, 2026/ cl SACHIN DATTA, J
Signature Not Verified
W.P.(C) 14656/2024 Page 5 of 5

Digitally Signed
By:CHINU LUTHRA
Signing Date:23.05.2026
15:55:46