Facts of the Case
A 16-year-old girl, employed in a private factory, was asked by her supervisor to report for night shift duty. Despite her willingness to work during the day, she firmly declined the night assignment due to safety concerns and discomfort. The factory management considered her refusal as disobedience and terminated her services without notice.
She had been working for six months, handling light packaging tasks. No proper age verification was conducted at the time of her appointment. Her parents later filed a complaint with the local labor officer, seeking justice against the abrupt dismissal and unlawful employment of a minor.
Issues of the Case
- Was her termination legal under Indian labor laws?
- Can a girl child under 17 years be employed in a factory at all?
- Is night shift work lawful for minors?
- What legal remedies are available to her and her family?
Principles and Related Case Laws
1. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016)
This law prohibits employment of adolescents (14 to 18 years) in hazardous occupations, including factory work. Section 3A explicitly restricts adolescents from working in environments deemed unsafe, such as industrial factories with night shifts.
2. The Factories Act, 1948
Section 71 of the Act bars any child or adolescent under 18 years from working between 7 PM and 6 AM. Any employment violating this is considered illegal.
3. Case Reference: M.C. Mehta vs. State of Tamil Nadu (1996)
In this landmark judgment, the Supreme Court emphasized the need to protect children from exploitation and hazardous conditions. It directed strict enforcement of child labor laws and highlighted the responsibility of employers to ensure a safe and lawful workplace.
In the context of this case, the factory not only engaged in “girl child under 17 years employment” illegally but also violated provisions concerning work hours and safety.
Judgment and Legal Advice
The girl’s termination stands unlawful and void under current Indian labor laws. Her refusal to work night shifts was completely justified and legally protected.
The employer violated multiple laws:
- Employed a minor in a hazardous setting.
- Assigned illegal work hours.
- Terminated employment without due process or notice.
The girl and her parents have the right to:
- File a complaint with the Labour Commissioner.
- Approach the Child Welfare Committee (CWC) for protection and compensation.
- Seek legal action under Section 14 of the Child and Adolescent Labour Act, which mandates penalties for unlawful employment of adolescents.
Furthermore, they may request:
Criminal proceedings against the employer for violating child labor laws.
Reinstatement with back wages (if legal age attained).
Compensation for mental trauma and loss of wages.
