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PETITIONER:

CONSUMER EDUCATION & RESEARCH CENTRE AND OTHERS

Vs.

RESPONDENT:

UNION OF INDIA & OTHERS

DATE OF JUDGMENT27/01/1995

BENCH:

RAMASWAMY, K.

BENCH:

RAMASWAMY, K.

AHMADI A.M. (CJ)

PUNCHHI, M.M.

CITATION:

1995 AIR 922 1995 SCC (3) 42

JT 1995 (1) 636 1995 SCALE (1)354

ACT:

HEADNOTE:

JUDGMENT:

1. Occupational accidents and diseases remain the most

appalling human tragedy of modem industry and one of its

most serious forms of economic waste. Occupational health

hazards and diseases to the workmen employed in asbestos

industries are of our concern in this writ

640

petition filed under Article 32 of the Constitution by way

of public interest litigation at the behest of the

petitioner, an accredited Organisation. At the inception of

filing the writ petition in the year 1986, though it

highlighted the lacuna in diverse provisions of law

applicable to the asbestos industry, due to orders of-this

Court passed from time to time, though wide gaps have been

bridged by subordinate legislation, yet lot more need to be

done. So the petitioner seeks to fill in the yearning gaps

and remedial measures for the protection of the health of

the workers engaged in mines and asbestos industries with

adequate mechanism for and diagnosis and control of the

silent killer disease " asbestosis", with amended prayers as

under-

(a) Directions to all the industries and the

official-respondents to maintain compulsorily

and keep preserved health records of each

workman for a period of 40 years from the date

of beginning of the employment or 10 years

after the cessation of the employment,

whichever is later;

(b) To direct all the factories to adopt

"THE MEMBRANE FILTER TEST";

(c) To direct all industries to compulsorily

insure the employees working in their

respective industries, excluding those already

covered by the Employees State Insurance Act

and the Workmen Compensation Act so as to

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entitle the workmen to get adequate

compensation for occupational hazards or

diseases or death;

(d) To direct the authorities to appoint a

committee of experts to determine the standard

of permissible exposure limit value of 2

fibre/cc and to reduce to 1-fibre/cc for

Chrystolite type of asbestos, 0.5-fibre/cc for

Amosite type of asbestos and for the time

being 0.2-fibre/cc for Crocidolite type of

asbestos at par with the international

standards;

(e) To direct the appropriate Govenunents to

cover the workmen and to extend them Factories

Act or by suitable regulatory provisions

contained therein to all small scale sectors

which arc not covered under the Factories Act;

(f) To direct re-examination of such of

those persons who are found suffering from

Asbestosis by National Institute of

Occupational Health but not the E.S.I.

hospitals; and in particular the Inspector of

factories, Gujarat, be directed to have re-

examined all those workmen, examined by ESI by

N.G.D.H. and to award compensation; and

(g) To direct the Central Goverment to

appoint a committee to recommend whether dry

process can be completely replaced by wet