Employers have a duty to provide a safe working environment and protective equipment to employees, especially during public health crises.

JUDGMENT

S.J.Kathawalla, J. - The Petitioner Samaj Samata Kamgaar Sangh has fled the above Writ Petition on behalf of the 6277 employed with Respondent No. 1 Navi Mumbai Municipal Corporation (hereinafter referred to as "the Corporation") for the following reliefs :

"(a) This Court be pleased to direct the Respondents to arrange for good quality hand gloves, N95 face masks, hand sanitizers and PEE for all kamgaar.

(b) This Court be pleased to direct the Respondents to arrange for water connection at all Hazeri Shades for kamgaar to wash themselves before leaving so as to protect themselves and their families from Covid-19.

c. This Court be pleased to direct the Respondents to extend the daily allowance of Rs.300/- as per its notifcation dated 7th April, 2020 to the kamgaar.

d. This Court be pleased to direct the Respondents to extend the benefts as declared by the Finance Minister Mrs. Nirmala Sitharaman during the press conference conducted on 26th March, 2020 to the kamgaar of the Petitioner Union."

2. It is submitted that out of the said 6277 workers, 3261 workers are involved in Solid Waste Management including day-to-day road cleaning and transportation of garbage. They are compelled to handle garbage and solid waste with bare hands and are not provided with any water to clean their hands and feet throughout the day. They are only provided with 2-3 drops of hand sanitizers at the Hazeri Shade before they start working and 02 drops at the end of their shift. About 693 workers are employed in the health department, which includes duties at four Corporation hospitals and 23 Urban Health Posts across Navi Mumbai. About 65 workers are employed on cemetery cleaning duty.

3. It is submitted that despite the workers discharging essential services and have been regularly reporting to work at their respective stations, they are not provided with any protection from Covid-19 virus such as hand sanitizers, hand gloves, face masks, PPEs etc. save and except providing low quality face masks and hand gloves on one occasion. The said workers are therefore highly exposed to catching the deadly Covid-19 virus thereby putting in jeopardy their own lives as well as the lives of their family members.

4. It is further submitted that thought the Petitioner Union has addressed several letters to the Respondent No. 2 Municipal Commissioner of the Corporation and the Deputy Commissioner, Solid Waste Management, requesting them to look into the problems faced by these workers, there is no response received from the Commissioner or the Deputy Commissioner.

5. It is submitted that the Deputy Commissioner, Solid Waste Management visited some of the Hazeri Shades and noted that the problems of the workers were real and grave and need to be addressed at the earliest. However, thereafter no action is taken thereafter by the Respondent No. 1 Corporation.

6. It is further submitted that vide notifcation dated 7th April, 2020, Respondent No. 1 Corporation observed that since transportation facilities were shut down as a result of the lockdown, the workers of the Respondent No. 1 Corporation found it difcult to travel to their work stations. Additionally, it was observed that the workers were facing several problems since hotels and other eateries were shut and therefore arranging for food had become problematic. Respondent No. 1 sanctioned Rs.300/- as daily allowance to the workers and employees of Respondent No. 1 Corporation. However, the said amount is not paid to 6277 workers on the ground that they are contractual labourers.

7. It is submitted that the Central Government vide its Press Conference conducted on 26th March, 2020 by the Finance Minister had also announced a special insurance scheme that would cover the workers working as Safai karmacharis, ward boys, nurses, ASHA workers, paramedics, technicians, doctors and specialists and other health workers, as well as workers at government health centres and wellness centres.

8. It is therefore submitt