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TMI Blog2014 (1) TMI 1933X X X X Extracts X X X X X X X X Extracts X X X X ..... andamus or any other appropriate writ, order or direction directing the Respondents to pay compensation to the workers who are victims of occupational health disorders and to frame a scheme of compensation for workers in cases of occupational health disorders; d. To issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to notify the recommendations as contained in paragraph 35 of the Petition as guidelines to be followed by thermal power plant. 2. The Petitioner represents about 130 Coal Fired Thermal Power Plants (CFTPPs) in India spread over different States in the country, but no proper occupational health services with adequate facilities for health delivery system or guidelines with respect to occupational safety are in place. Factories Act, Boilers Act, Employees' State Insurance Act, Compensation Act, the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act, Environmental Protection Act, etc. are in place, but the lack of proper health delivery system, evaluation of occupational health status of workers, their safety and protection cause serious occupational health hazards. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing enactments and consequently pro-occupational action would be taken for effective implementation of the relevant laws, in particular, areas covered by those suggestions. After recording the above submissions, this Court had also directed the Ministry of Labour to take steps to see that those suggestions and relevant provisions of the various Labour Acts are properly implemented to protect the welfare of the employees. Learned ASG also submitted before the Court that the Central Government would examine whether the remaining two suggestions i.e. suggestion Nos. 8 and 9 could be implemented and, if so, to what extent. 5. The Writ Petition again came up for hearing before this Court on 6.9.2010 and this Court passed the following order: Vide order dated January 30, 2008, Respondent No. 1 had agreed to Guideline Nos. 1 to 7. However, time was taken to consider Guidelines Nos. 8 and 9, which primarily dealt with the appointment of Committee of Experts by NIOH. The constitution of that Committee is also spelt out in Guideline No. 9. Today, when the matter came up for hearing before this Court, learned Solicitor General stated that the Committee of Experts has been duly constitute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poseful with dignity of person. The Court held that the compelling necessity to work in an industry exposed to health hazards due to indigence to bread-winning for himself and his dependents should not be at the cost of health and vigour of the workman. 10. Right to health i.e. right to live in a clean, hygienic and safe environment is a right flowing from Article 21. Clean surroundings lead to healthy body and healthy mind. But, unfortunately, for eking a livelihood and for national interest, many employees work in dangerous, risky and unhygienic environment. Right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy, particularly Clauses (e) and (f) of Articles 39, 41 and 42. Those Articles include protection of health and strength of workers and just and humane conditions of work. Those are minimum requirements which must exist to enable a person to live with human dignity. Every State has an obligation and duty to provide at least the minimum condition ensuring human dignity. But when workers are engaged in such hazardous and risky jobs, then the responsibility and duty on the State is double-fold. Occupationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intain safe and healthy working conditions for the workers. * The generated fly ash need to be utilized as per the CPCB annual implementation report on fly ash utilization (2009-10) that 100% utilization to be achieved by the power plants, within 5 years from the date of notification (refer to Table 17, page 48). For new CFTPPs, the fly ash utilization needs to be regulated as per the schedule given in Table 17. * It is desirable that the coal handling facilities are mechanized and automated to the extent possible. * Occupational health services should be provided for wide range benefit to the workers. Broadly, it should contain the facilities for occupational health delivery system with trained manpower and infrastructure including investigational facilities, environmental assessment, evaluation of occupational health status and first aid training of the workers on regular basis. These services should be independent and separate from hospital services (curative service) but should function in liaison with the curative service. * Periodic awareness programmes regarding the health and safety with active involvement of the workers should be organized, covering each individual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issues. In case of women workers, the provisions of the Factories' Act, as applicable, shall be given attention. 13. Para 3.1.2 of the Report specifically refers to the occupational health and safety issues of workers in CFTPPs. The Report also refers to the hazards associated with (a) dust, (b) heat, (c) noise, (d) vibration, (e) radiation, and (f) disposal of waste. After dealing with those health hazards, the Committee has stated that the hazards associated with inhalation of coal dust might result in development of dust related morbidity in the form of pneumoconiosis (coal workers pneumoconiosis, silicosis) and non-pneumoconiosis persistent respiratory morbidities, such as chronic bronchitis, emphysema, asthma, etc. Further, it also pointed out that whenever asbestos fibres are used for insulation and other purposes, the possibility of asbestosis among workers due to inhalation of asbestos fibres cannot be ruled out. The Report also says that other morbidities because of exposure to fly ash, including metallic constituents such as lead, arsenic, and mercury might also be present. Due to exposure to other chemicals used in different operations of CFTPP, the Report says, ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions relating to the health of the employees working in various CFTPPs throughout the country. We feel that these aspects could be better examined by the respective High Courts in whose jurisdiction these power plants are situated. The High Court should examine whether there is adequate and effective health delivery system in place and whether there is any evaluation of occupational health status of the workers. The High Court should also examine whether any effective medical treatment is meted out to them. 18. We, therefore, feel that it is appropriate to relegate it to the various High Courts to examine these issues with the assistance of the State Governments after calling for necessary Reports from the CFTPPs situated in their respective States. For the said purpose, we are sending a copy of this judgment to the Chief Secretaries of the respective States as well as Registrar Generals of the High Courts of the following States: (a) Uttar Pradesh (b) Chhattisgarh (c) Maharashtra (d) Andhra Pradesh (e) West Bengal (f) Madhya Pradesh (g) Bihar (h) Orissa (i) Haryana (j) Rajasthan (k) Punjab (l) Delhi/NCT Delhi (m) Gujarat (n) Karnataka (o) Kerala (p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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