JUDGMENT : I.A. No. 18 in W.P. (C) No. 4677/85. 1. Mr. Ashok Desai, the learned Senior counsel appearing for the Delhi Auto General Finance Private Ltd., states that despite the stay order granted by the Delhi High Court, the industry itself has demolished the unauthorised construction. Be that as it may, we vacate the stay order granted by the Delhi High Court. I.A. No. 22 2. This Court by order dated February 14, 1996 directed Mr. Deepak Mishra, Deputy Commissioner of Police to send a large number of force on that date itself to have the verification done as to whether the child labour was being employed by.the electroplating industries in Subhash Nagar area. We further directed that the Labour Commissioner and his staff "shall help the police". Mr. Sanjay Singh, Additional Deputy Commissioner of Police, West District, New Delhi in his report dated February 29, 1996 has stated that "On the same day repeated attempts were also made simultaneously to contact the officials of Labour Commissionarate including Labour Commissioner, who could reach the office of DCP/West only by 6.00 P.M. on 14.2.96 when the Electroplating units had closed down and the police party had called off the drive after completing their task to the extent possible." 3. We are prima facie of the view that Mr. Ashok Kapur, Labour Commissioner has not cared for the orders of this Court which were issued in an mergent situation. We issue Show Cause notice to Mr. Ashok Kapur, Labour Commissioner why contempt proceedings be not initiated against him. 4. Mr. Sanjay Singh, Addl. Deputy Commissioner of Police, West District, New Delhi submitted a report after undertaking the inspections as directed by us. The operative part of the report is as under: "As a result of that snap survey 25 Electroplating Units were traced and out of these 25 Units, 15 were found open and 10 found closed. It is worthwhile to mention that lots of shops and other establishments of the locality observe Wednesday as a weekly off and it was Wednesday on 14.2.96. However during the snap survey of open units 18 child labourers were traced, working in electroplating units. However on subsequent verification of the 18 child labourers only 3 were verified within age groups of 16 to 17½ years and others who were in factory premises itself were found to have shifted to unknown destinations.
However during the snap survey of open units 18 child labourers were traced, working in electroplating units. However on subsequent verification of the 18 child labourers only 3 were verified within age groups of 16 to 17½ years and others who were in factory premises itself were found to have shifted to unknown destinations. 8 of them have given their native addresses, hence Stranger Rolls were issued at their given addresses for verification. Efforts are 5. The names of the establishments and being made to verify the present details of child labourers found working whereabouts of the others." therein are as under : SI.No. Name of establishment Name of the child labourer Age 1. M/s Hind Platers 1. Prithvi Raj 16 Years 2. Suresh 13 Years 3. Bhagu Prasad 17 Years 2. M/s Omega Speakers 1. Laxmi 16 Years 2. Ramesh 17 Years 3. Anand Singh 17 Years 4. Neeraj 15 Years 5. Rinku 17 Years 3. M/s Pooja Electroplating Works 1. Nand Lal 15 Years 2. Bir Bahadur 16 Years 3. Shyam Babu 11/12 Years 4. Harinder 16 Years 4. M/s R.S. Grover 1. Dhirender Singh 12 Years 2. Mahender Singh 16 Years 3. Kishore Kumar 16 Years 4. Badshah 16 Years 5. M/s Darshan Lal 1. Jai Prakash 16 Years 2. Raj Nath 17 Years 6. M/s Radha Krishna Ind. 1. Nand Lal 13 Years 7. M/s Anmol 1. Sanjeet 12 Years 6. M/s Radha Krishna Industry is stated to have employed child aged 13 years. The learned counsel appearing for the industry states that from appearance the person looked to be grown up and not a child. Be that as it may, keeping in view the report we direct that the Industry shall pay a sum of Rs. 50,000/- as compensation to the child named Nand Lal. 7. M/s Anmol, New Delhi is stated to have employed one Sanjeet aged 12 years. The learned counsel appearing for the Industry states that the person was neither employed nor he was working with the Industry. Be that as it may, keeping in view the report of the Labour Commissioner, we direct the Industry to pay compensation of Rs. 50,000/- to the child Sanjeet. 8. M/s Hind Platers was found to have employed three children, namely, Prithvi Raj 16 years, Suresh 13 years and Bhagu Prasad 17 years.
Be that as it may, keeping in view the report of the Labour Commissioner, we direct the Industry to pay compensation of Rs. 50,000/- to the child Sanjeet. 8. M/s Hind Platers was found to have employed three children, namely, Prithvi Raj 16 years, Suresh 13 years and Bhagu Prasad 17 years. The learned counsel appearing for the Industry denies that the persons were minor or they were employed with the Industry. In view of the report submitted by Shri Sanjay Singh, Addl. Deputy Commissioner of Police, we direct the Industry to pay a sum of Rs. 50,000/- to Suresh. So far as the other two children, namely, Prithvi Raj and Bhagu Prasad are concerned, we direct the Industry to pay a sum of Rs. 20,000/- each. 9. M/s Omega Speakers were found to have employed five persons aged between 15 and 17. The learned counsel for the Industry stated that Inami and Ramesh were not employed by the Industry. In view of the report of the police, we direct the Industry to pay a sum of Rs. 20,000/- as compensation to each of the five children. 10. M/s Pooja Electroplating was found to have employed four children Shyam Babu aged 11/12 years, Nand Lal aged 15 years, Bir Bahadur aged 16 years, and Harinder aged 16 years. The learned counsel appearing for the Industry states that Shyam Babu was not employed by the Industry but was employed by a Dhaba operating near about the Industry. Regarding other children he states that they were all major and were vaildly employed. Taking police report into consideration, we direct the Industry to pay a sum of Rs. 50,000/ - to Shyam Babu as compensation and Rs. 20,000/- each to all the remaining children. 11. M/s R.S. Grover was found to have employed four children, namely, Dhirender Singh aged 12 years, Bahadur Singh aged 16 years, Kishore Kumar aged 16 years and Badshah aged 16 years. The learned counsel for the Industry states that none of the four children were employed with the Industry. Taking Police Report into consideration, was direct the Industry to pay a sum of Rs. 50,000/- as compensation to Dhirender Singh and Rs. 20,000/- each to the remaining three children. 12. M/s Darshan Lal Industry was found to be employing Jai Prakash aged 16 years and Raj Nath aged 17 years.
Taking Police Report into consideration, was direct the Industry to pay a sum of Rs. 50,000/- as compensation to Dhirender Singh and Rs. 20,000/- each to the remaining three children. 12. M/s Darshan Lal Industry was found to be employing Jai Prakash aged 16 years and Raj Nath aged 17 years. The learned counsel for the Industry states that both were major and were not minor. Keeping in view the police report, we direct the Industry to pay a sum of Rs. 20,000/- as compensation to each of these two children. 13. We direct the above named Industries to deposit the compensation amount with the Director, Sodal Welfare, NCT, New Delhi within four weeks from today. The Director, Social Welfare shall invest the amount in fixed deposit in a Nationalised Bank for a period of seven years and the monthly interest be paid to parent/guardian to be spent on education and upbringing of the children. 14. The Director, Social Welfare shall be responsible for the identification of the children who are entitled to the compensation. 15. The Director shall file a compliance report within six weeks. 16. We are informed that prosecution has also been launched against the Industries. The fact that under the directions of this court the Industries are paying compensation, shall not be an adverse consideration in the criminal proceedings. The said proceeding shall be decided independently on the basis of the evidence recorded in the court.