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D. BHARATHA CHAKRAVARTHY
C. Kannaiyan (Deceased) – Appellant
Versus
Deputy Commissioner of Labour, Chennai – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in I.A. No. 108 of 2009 in W.C. No. 29 of 2002 pending on the file of the first respondent quash the order dated 10.11.2009 and direct the first respondent to dispose W.C. No. 29 of 2002 on merits.
1. This Writ Petition is filed challenging the impugned order made in I.A. No. 108 of 2009 in W.C. No. 29 of 2002, which dismissed the application for condonation of delay in filing the restoration application.
2. The fourth respondent herein, the Chennai Metropolitan Water Supply & Sewerage Board, is the Authority that looks after establishing and maintaining the drainage system in the City of Chennai. The third respondent Corporation is the local body that administers the City of Chennai. While so, one Selvam, the second respondent in the Writ Petition, is employed as a contractor by the fourth respondent to supply labour and to carry out maintenance works. While so, he was said to have brought in one Sridhar, aged about 22 years, in the year 2000 to work on his various projects. Under the part of the contract work for clearing the block/c
The court mandated compensation for manual scavenging deaths, emphasizing societal responsibility and adherence to Supreme Court directives on compensation amounts.
The court emphasized that compensation for sewer deaths must be granted without delay as per established guidelines, recognizing violations of human rights in cases of manual scavenging.
Families of deceased manual scavengers are entitled to compensation of Rs. 30 Lakhs, as mandated by the Supreme Court, highlighting societal responsibility for worker safety.
The court mandated compliance with compensation directives and safety regulations for laborers engaged in hazardous work, emphasizing the state’s duty to protect fundamental rights.
The main legal point established in the judgment is the restricted scope of the writ of mandamus and the conditions under which it can be issued, emphasizing the need for a statutory duty and a failu....
A writ petition cannot be maintained when an effective statutory remedy exists under the Employees Compensation Act, 1923.
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