1995 (1) TMI 403 - SC - Indian Laws

Summary

Issues Involved:
1. Maintenance of Health Records
2. Adoption of Membrane Filter Test
3. Compulsory Insurance for Workers
4. Permissible Exposure Limits
5. Inclusion of Small Scale Industries
6. Re-examination of Workers
7. Replacement of Dry Process by Wet Process

Summary:

1. Maintenance of Health Records:
The petitioner sought directions for industries to maintain and preserve health records of each workman for 40 years from the beginning of employment or 10 years after cessation of employment, whichever is later. The Supreme Court directed all industries to comply with this requirement to safeguard the health of workers.

2. Adoption of Membrane Filter Test:
The petitioner requested the adoption of "THE MEMBRANE FILTER TEST" to detect asbestos fiber. The Supreme Court mandated that all factories or establishments adopt this test at par with the Metalliferous Mines Regulations, 1961, and Vienna Convention and Rules issued thereunder.

3. Compulsory Insurance for Workers:
The petitioner sought compulsory insurance for employees working in industries, excluding those already covered by the Employees State Insurance Act and the Workmen Compensation Act. The Supreme Court directed all factories to compulsorily insure health coverage for every worker.

4. Permissible Exposure Limits:
The petitioner requested the appointment of a committee to determine and reduce the standard of permissible exposure limit value of asbestos fibers. The Supreme Court directed the Union and State Governments to review the standards of permissible exposure limit value of fiber/cc in tune with international standards and to continue the review every 10 years or as directed by the ILO.

5. Inclusion of Small Scale Industries:
The petitioner sought to extend the Factories Act or suitable regulatory provisions to small scale sectors not covered under the Factories Act. The Supreme Court directed the Union and State Governments to consider including such small-scale factories or industries to protect workers from health hazards.

6. Re-examination of Workers:
The petitioner requested the re-examination of workers suffering from asbestosis by the National Institute of Occupational Health. The Supreme Court directed the appropriate Inspector of Factories, particularly in Gujarat, to send all workers examined by ESI hospitals for re-examination by the National Institute of Occupational Health. Workers found to be suffering from asbestosis were to be compensated with a sum of rupees one lakh by the concerned factory or industry within three months of certification.

7. Replacement of Dry Process by Wet Process:
The petitioner sought a direction for the Central Government to appoint a committee to recommend whether the dry process can be completely replaced by the wet process. The Supreme Court noted that the ILO rules on safety in the use of asbestos should be binding on all industries, and thus, specific directions to the Union or State Governments were not necessary.

Conclusion:
The Supreme Court allowed the writ petition, issuing comprehensive directions to safeguard the health and rights of workers in asbestos industries, emphasizing the fundamental right to health and medical care as integral to the right to life under Article 21 of the Constitution.