Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
C.Kannaiyan (Deceased) – Appellant
Versus
Deputy Commissioner of Labour-1 Commissioner for Workmen's Compensation Chennai – Respondent
ORDER :
D.BHARATHA CHAKRAVARTHY, J.
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/choking of the underground sewer, the said Sridhar was employed without any protective gear as a manual scavenger. Since he had not come out for a long time, information was given to the Police and the Fire Service, who came and found that he had died and took the body out. A case was also registered in Cr. No.703/2000 a
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 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.
The court mandated compensation for manual scavenging deaths, emphasizing societal responsibility and adherence to Supreme Court directives on compensation amounts.
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.
Compensation under the Employees’ Compensation Act requires proving an employer-employee relationship, which was not established, leading to the dismissal of the claim.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
