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2025 Supreme(Online)(Chh) 10300

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Bibhu Datta Guru, J, Ramesh Sinha, CJ
Suo Moto PIL – Appellant
Versus
Union of India – Respondent
WPPIL No. 77 of 2025



Important Points

The court emphasized the urgency of providing medical assistance to a critically injured contract worker, overriding contractual liability concerns of the Railway.

Subject

Public Interest Litigation - Workers' Compensation

Headnote

(A) Public Interest Litigation - Issues of liability and responsibility arising from a severe workplace accident involving a contract worker. The court highlights the legal obligations of the Railway authorities toward the treatment of injured parties under their employment or contractual chain. (Paras 2, 3, 5, 7)

(B) Medical Assistance - Immediate medical assistance to the victim is paramount, especially in cases of critical injuries where financial burden should not impede access to necessary healthcare. (Paras 6, 8)

Facts of the case:
The PIL was initiated based on a news report regarding a contract worker who suffered severe burns due to electrocution while repairing railway equipment. His family urgently sought medical assistance and compensation from the Railway authorities, who have distanced themselves from liability citing contractual employment.

Findings of Court:
The court directed the Railway authorities to clarify their role in providing medical assistance and financial aid to the injured party while emphasizing the urgency of hospital care for the victim.

Issues: The key issues included clarifying the responsibility of the Railway for the accident and ensuring that the victim receives timely medical support.

Ratio Decidendi: The court emphasized that the welfare of the injured victim must take precedence over contractual obligations and liability issues, insisting on swift action from the Railway to assist the victim.

Result: Authorities directed to appear and provide an update on the victim's treatment and potential financial aid.

Advocates:
For the Appellant: Mr. Ramakant Mishra, Mr. Bhupendra Pandey, Ms. Shweta Rai
For the Respondents: N/A

Order Sheet

28/08/2025

Amit/Brijmohan

This is an office reference. This public interest litigation petition has been registered suo moto by this Court on the basis of a news item published in Hindi Daily, namely ‘Dainik Bhaskar, Bilaspur’ dated 27.08.2025 with a heading

The aforesaid news highlights a tragic case of a young man who sustained severe burns after coming into contact with the Overhead Equipment (OHE) while repairing a leakage in an AC coach at the Railway Coaching Depot, Bilaspur. His condition remains critical, and he is currently undergoing treatment at Apollo Hospital, Bilaspur. The family of the victim is unable to bear the mounting medical expenses, and they are made to run between the Divisional Railway Manager (for short, the DRM) Office and the Coaching Depot in search of help.

Railway officials are reported to have attempted to distance themselves from responsibility, claiming that there is no provision for compensation or medical assistance for contract workers. They have directed the contractor to bear the entire cost. The victim is a resident of village-Mulmula Akaltara, District Janjgir- Champa, and an employee working under the Electrical Department of the Railway Coaching Depot who has suffered 70% burns after coming in contact with live OHE wires. He is presently battling for his life in Apollo Hospital. Meanwhile, his poor family continues to appeal to Railway authorities for compensation and financial aid for his treatment.

On Tuesday, his relatives approached the DRM office seeking assistance and compensation, but officials reportedly told them that no such provision exists and that all expenses must be borne by the contractor concerned. Later, when the family approached the coaching complex, they received the same response. It was further stated that the Railway Administration has shifted the entire responsibility of treatment of the victim following his electrocution and severe burns, onto the proprietor of Kumar Engineering, Bhilai, who has been arrayed as respondent No. 6 in the present PIL.

Heard Mr. Ramakant Mishra, learned Deputy Solicitor General (through Video Conferencing) assisted by Mr. Bhupendra Pandey as well as Ms. Shweta Rai, learned counsel for the respondents No.1 to 5/Union of India.

A copy of the present PIL has already been served upon the learned Deputy Solicitor General, who has appeared before this Court through video conferencing and has prayed for some time to seek necessary instructions in the matter.

Such a plea, in the considered view of this Court, reflects a lack of seriousness on the part of the respondent-Railways, particularly when the person concerned is presently admitted in hospital and struggling for his life.

In these circumstances, we deem it appropriate to direct the General Manager, as well as the Divisional Railway Manager (DRM), South East Central Railway, Bilaspur, to appear before this Court today itself at 12:30 p.m. through Video Conferencing.

Mr. Mishra, learned Deputy Solicitor General appearing for the respondents No. 1 to 5, is directed to communicate this order to the authorities concerned, forthwith and this matter be taken up at 12:30 p.m. again.

Sd/- Sd/-

(Bibhu Datta Guru) (Ramesh Sinha)

Judge Chief Justice

Later on at 12:30 p.m

In compliance of the above order, Mr. Rajmal Khoiwal, DRM and Mr. Tarun Prakash, General Manager, SECR, Bilaspur, have appeared through Video Conferencing.

A specific query was made as to whether the Railways have taken the responsibility of treatment of the victim, it has been stated by Mr. Tarun Prakash, General Manager, that the said person who got electrocuted, is in fact not the employee of Railways but is the employee of respondent No. 6, who is a contractor of the Railways. He further submits that the victim who sustained injuries, had unauthorisedly climbed the coach and as such, got electrocuted for which the Railway is

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