IMPORTANT POINT
Superior Courts would be failing in their constitutional duty if they decline to entertain petitions filed by genuine social groups, NGOs and social workers for espousing the cause of those who are deprived off the basic rights available to every human being, what to say of fundamental rights guaranteed under the Constitution,

Headnote:Constitution of India,1950-Article 226-Writ petition filed by National Campaign for Dignity and Rights of Sewerage and Allied Workers, engaged in the welfare of sewage workers to highlight the plight of sewage workers many of whom died on account of contemptuous apathy shown by the public authorities –Death of 6 sewage workers in Delhi in the month of March 2009 due to inhaling of toxic gases in the manholes because they did not have protective gears- High Court passed interlocutory order whereby it directed Delhi Jal Board to deposit Rs.79,000/- with Delhi High Court Legal Services Committee in addition to Rs.1.71 lacs already paid to the families of the deceased worker- Appeal thereagainst on plea that by entertaining writ petition filed by respondent No.1 in the name of public interest litigation and passing orders High Court transgressed the limits of its jurisdiction under Article 226 of Constitution and usurped the legislative power of State- Held- What the High Court had done by entertaining writ petition and issuing directions for protection of the persons employed to do work relating to sewage operations was part of its obligation to do justice to the disadvantaged and poor sections of the society- Superior Courts would be failing in their constitutional duty if they decline to entertain petitions filed by genuine social groups, NGOs and social workers for espousing the cause of those who are deprived off the basic rights available to every human being, what to say of fundamental rights guaranteed under the Constitution - What the High Court had done was nothing except to ensure that those employed/engaged for doing work which is inherently hazardous and dangerous to life are provided with life saving equipments and the employer takes care of their safety and health- Appellant’s challenge to interim directions given by High Court for payment of compensation to the families of the workers held liable to be rejected-Appeal dismissed. (Paras 20 to 31)
       Facts of the Case :
        A Writ petition was filed herein in the instant case by National Campaign for Dignity and Rights of Sewerage and Allied Workers, engaged in the welfare of sewage workers to highlight the plight of sewage workers many of whom died on account of contemptuous apathy shown by the public authorities and contractors engaged by them and even private individuals/enterprises in the matter of providing safety equipments to those who were required to work under extremely odd conditions . 6 sewage workers died in Delhi in the month of March 2009 due to inhaling of toxic gasses in the manholes because they did not have protective gears. After considering the affidavits filed by State agencies High Court passed interlocutory order whereby it directed Delhi Jal Board to deposit Rs.79,000/- with Delhi High Court Legal Services Committee in addition to Rs.1.71 lacs already paid to the families of the deceased worker.
        2. Present Appeal has been filed on plea that by entertaining writ petition filed by respondent No.1 in the name of public interest litigation and passing orders High Court transgressed the limits of its jurisdiction under Article 226 of Constitution and usurped the legislative power of State.
       Findings of the Court :
        The Court held that What the High Court had done by entertaining writ petition and issuing directions for protection of the persons employed to do work relating to sewage operations was part of its obligation to do justice to the disadvantaged and poor sections of the society. Superior Courts would be failing in their constitutional duty if they decline to entertain petitions filed by genuine social groups, NGOs and social workers for espousing the cause of those who are deprived of the basic rights available to every human being, what to say of fundamental rights guaranteed under the Constitution .What the High Court had done was nothing except to ensure that those employed/engaged for doing work which is inherently hazardous and dangerous to life are provided with life saving equipments and the employer takes care of their safety and health. Appellant’s challenge to interim directions given by High Court for payment of compensation to the families of the workers was held liable to be rejected. Appeal was dismissed

JUDGMENT

G.S. Singhvi, J. —

1. Leave granted.

2. This appeal filed by Delhi Jal Board for setting aside an interlocutory order passed by the Division Bench of the Delhi High Court whereby it has been directed to deposit Rs.79,000/- with Delhi High Court Legal Services Committee in addition to Rs.1.71 lacs already paid to the families of the deceased worker, namely, Rajan is one of the several thousand cases filed by the State and/or its agencies/instrumentalities to challenge the orders passed by the High Courts for ensuring that the goal of justice set out in the preamble to the Constitution of India is fulfilled, at least in some measure, for the disadvantaged sections of the society who have been deprived of fundamental rights to equality, life and liberty for last more than 6 decades. The appeal is also illustrative of how the State apparatus is insensitive to the safety and well being of those who are, on account of sheer poverty, compelled to work under most unfavourable conditions and regularly face the threat of being deprived of their life.

3. The laws enacted by Parliament and State legislatures provide for payment of compensation to the legal representatives of those killed in air, rail or motor accident. The legal representatives of a workman, who dies while on duty in a factory/industry/establishment get a certain amount of compensation. Even those who are killed in police action get compensation in the form of ex-gratia announced by the political apparatus of the State. However, neither the law makers nor those who have been entrusted with the duty of implementing the laws enacted for welfare of the unorganized workers have put in place appropriate mechanism for protection of persons employed by or through the contractors to whom services meant to benefit the public at large are outsourced by the State and/or its agencies/instrumentalities like the appellant for doing works, which are inherently hazardous and dangerous to life nor made provision for payment of reasonable compensation in the event of death.

4. Since the legal representatives of the persons who work in the sewers laid or maintained by the State and/or its agencies/instrumentalities on their own or through the contractors and who get killed due to negligence of the employer do not have the means and resources for seeking intervention of the judicial apparatus of the State, the National Campaign for Dignity and Rights of Sewerage and Allied Workers, which is engaged in the welfare of sewage workers filed Writ Petition No.5232/2007 in the Delhi High Court to highlight the plight of sewage workers many of whom died on account of contemptuous apathy shown by the public authorities and contractors engaged by them and even private individuals/enterprises in the matter of providing safety equipments to those who are required to work under extremely odd conditions. In paragraphs 4 to 6 and 8 of the petition, the petitioner made the following averments:

“4. That the Petition seeks to highlight the plight of sewage workers in Delhi. Delhi generates large quantities of sewage. At present, the total quantity of sewage generated is 2871 mld. Delhi Jal Board is responsible for treatment and disposal of wastewater through a network of about 5600 km of internal, peripheral and trunk sewers, for which approximately 5500 sewage workers are employed with Delhi Jal Board for maintenance of the sewage system and other related works. The working conditions for sewage workers are such that they are not only exposed to maximum risk against numerous toxic and harmful substances, but also they face suffocation and accidental deaths, while working. These workers suffer from high morality and morbidity due to such exposure at workplace. Hereto marked and annexed as Annexure P-1 are the photographs showing the sewage workers of Delhi as photographed by Indian Express. These photographs tell the sad story of the plight of these workers as of today.

5. Scores of sewage/manhole wo

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2011 Supreme(SC) 654

Cases Referred (16)