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"In this case, the Labour Commissioner concluded the proceedings much earlier to the judgment of this Court which was pronounced on December 10, 1996. We accept the report and recommendation of the Labour Commissioner and direct that the compensation suggested by the Commissioner shall be recovered from the employers in each case."

10. Now, the petitioners contend that the suggestions which were placed before the Supreme Court as a criteria, need to be taken note of. The Supreme Court had required suggestions from the Labour Commissioner. The suggestions as were made by the Labour Commissioner were:

(iii) In establishments where the employer is himself physically handicapped and the establishment is a petty establishment, a token compensation of Rs. 2,000/- has been proposed.

(iv) In cases where the employer is a well established concern and is employing 100 or more workmen located in a prime market the suggested compensation is Rs. 25,000 for each child.

(v) In cases where child labour is not prohibited but only regulated Rs. 5,000/-have been recommended in all such cases irrespective of the number of employees/ status of establishment, as the employer failed to produce statutory records in respect of such children.

"In this case, the Labour Commissioner concluded the proceedings much earlier to accept the report and recommendations of the Labour Commissioner and direct that the compensation suggested by the Commissioner shall be recovered from the employers in each case."

19. The question now arises on what exactly was the compensation which had been suggested by the Labour Commissioner came to be accepted by the Supreme Court. In this context the Supreme Court order reads -

Mr. Ashok Kapoor, Labour Commissioner has placed before this court a list of 1740 children who were recovered while working in various industries/business houses/ factories. In the list, the name and address of the establishment, name of the child, young person, age, nature of business and amount of compensation suggested have been indicated. In each case the Commissioner has suggested compensation ranging from Rs. 2,000/- to Rs. 25,000/- The compensation has been fixed in each case by the Commissioner on the following criteria-

(iii) In establishments where the employer is himself physically handicapped and the establishment is a petty establishment, a token compensation of Rs. 2000/- has been proposed.

(iv) In cases where the employer is a well established concern and is employing 100 or more workmen, located in a prime market the suggested compensation is Rs. 25,000/-for each child.

(v) In cases where child labour is not prohibited but only regulated Rs. 5000/-have been recommended in all such cases irrespective of the number of employees/ status of establishments, as the employer failed to produce statutory records in respect of such children.