Labour Laws

Position on the Implementation of the Directions of the Supreme Court of India Writ Petition (Civil) No. 465/1986.

Extracts from the Affidavit of the Secretary to the Ministry of Labour, Government of India in the Supreme Court of India on December 4, 1997 on the action taken by the Government to implement the directions given by the Supreme Court on December 10, 1996)

In brief, the position regarding compliance of the directions of the Supreme Court of India as contained in the judgement of December 10, 1996 is as under:

• The first phase of survey has been completed in all the State Governments and Union Territories except in the State of Nagaland.
• Most of the State Governments had appointed Inspectors under Section 17 of the Child Labour (Prohibition & Regulation) Act 1986 and wherever it was considered necessary, officers from other Departments were also mobilised, pooled and notified as such so that the directions of the Hon’ble Court could be fully complied with.
• On the basis of the information received so far, it is seen that in the State Governments and Union Territory Administrations of Andhra Pradesh, Goa, Harayana, Karnataka, Kerala, Madhya Predesh, Maharashtra, Orissa, Punjab, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal recovery notices have already been issued to the offending employers for collection of compensation amounting @Rs.20,000 per child employed in contravention of the provisions of the Act. The State Governments and Union Territories Administrations of Andaman and Nicobar Island, Dadra and Nagar Haveli, Chandigarh, Daman & Diu, Lakshadweep, Mizoram, Pondicherry and Sikkim have reported that it is not necessary to issue such notices as no child labour has been found to have been employed in hazardous occupations. Recovery notices in the State of Meghalaya are in the process of being served.
• The State Governments, where employment of child labour in hazardous occupations has been found, have already initiated necessary action for the constitution of the Child Labour Rehabilitation-cum-Welfare Funds at the district level in accordance with the guidelines circulated by the Ministry of Labour. While in some districts, funds have already been constituted, in others the process is underway.