The State is vicariously liable for regulatory failures leading to fatalities in hazardous occupations, requiring enhanced compensation for victims' families.

COMMON ORDER

These writ petitions have been filed by the wives of four deceased workers who lost their lives in a fire accident that took place on 02.12.2014 at a fireworks manufacturing unit located at Ettakkapatty Village, Sivakasi Taluk, Virudhunagar District. All four workers belonged to the Scheduled Caste community and were the sole breadwinners of their families. Following the incident, the petitioners approached the District Administration for compensation and employment support.

2.After assessing the socio-economic condition of the petitioners’ families, the Tahsildar submitted a report recommending a compensation of Rs.5,00,000/- for each of the victims. The second respondent / the District Collector forwarded this recommendation to the Government through his letter dated 30.12.2014. However, the Government, in March 2015, sanctioned only Rs.1,00,000/- as ex gratia compensation. The balance of Rs.4,00,000/-, though recommended, was never released. Aggrieved by this, the petitioners have approached this Court seeking a writ of mandamus directing the respondents to release the balance amount and to provide suitable employment to them or their eligible family members.

3.Learned Counsel for the petitioners submitted that fireworks manufacturing is a hazardous activity falling within the scope of Section 87 of the Factories Act, 1948, and is regulated under the Explosives Act, 1884, and the Explosives Rules, 2008. It was argued that there was a complete failure on the part of the licensing and regulatory authorities to enforce safety measures, and as such, the State is vicariously liable. Reliance was placed on the decision of the Hon’ble Supreme Court in Dr. Balram Singh v. Union of India [2023 INSC 950], wherein the Court enhanced compensation for sewer deaths to Rs.30,00,000/- recognising the hazardous nature of the work, and Safai Karamchari Andolan v. Union of India [(2014) 11 SCC 224], where the State was directed to pay Rs.10,00,000/-.

4.Learned Counsel further referred to the order of the Principal Bench of the National Green Tribunal in O.A. No. 44 of 2021, where a fire accident at a fireworks unit in Achankulam, Sivakasi, which resulted in 27 deaths, led the Tribunal to award Rs.20,00,000/- as compensation for each deceased worker. A committee headed by Justice K.Kannan found systemic regulatory failures. Additionally, this Court, in WP(MD)No.12456 of 2019, awarded Rs.5,00,000/- compensation to a boy injured in an explosion at an illegal fireworks unit.

Therefore, he prayed for appropriate orders for compensation.

5.Per contra, the learned Additional Government Pleader submitted that at the relevant point of time, G.O.Ms.No.89, Revenue Department, dated 18.02.2015, was in force, prescribing compensation ranging from Rs.15,000/- to Rs.50,000/-. Nevertheless, the Government, as a special case, paid Rs.1,00,000/- ex gratia from the Chief Minister’s Relief Fund vide G.O.Ms.No.61, Home Department, dated 29.01.2015. That apart, the employer had also contributed Rs.20,000/-.

6.He further submitted that the petitioners are not entitled to any additional compensation under law and that any further relief can only be granted pursuant to Government policy. The State also denied any vicarious liability, stating that the accident occurred in a private unit. Additionally, it was submitted that three of the petitioners were appointed as Helpers