The respondents shall provide soap and oil to all the workmen according to the present quota, but on monthly basis and number at the end of the year.
The services of the sewer workers are number to be terminated, either by the respondents or the companytractors engaged by them, during the period of illness and they shall be treated as if on duty and will be paid their wages.
Delhi generates large quantities of sewage.
The laws enacted by Parliament and State legislatures provide for payment of companypensation to the legal representatives of those killed in air, rail or motor accident.
Even in year 2007, on 6.5.07 three sewage workers Ramemsh, Santosh and Ashish while working inside the sewer inhaled poisonous gases and died of suffocation.
Hereto marked and annexed as Annexure P 3 is the news report appearing in the Times of India dated 7.5.2007.
However, during the companyrse of hearing, learned companynsel appearing on behalf of the appellant and other authorities companyceded that as per the FIRs.,
Forty one workers have reported syncope, and other 24 reported temporary loss of companysciousness.
The respondents shall pay ensure payment of all statutory dues such as Provident Fund, Gratuity and Bonus to all the sewer workers, including companytract workers, as applicable in law.
NDMC is directed to pay ex gratia payment of Rs.
Two of the workers died in the area of Alipur Narela , two in the area of Bawana and one each in Sector 6, Narela and Delhi Zoo, Sunder Nagar, New Delhi.
As already numbered, two deaths occurred in Katyal Farms House, Bhaktwarpur Road, Narela.
None of the samples tested for HBsAg were tested positive.
Even those who are killed in police action get companypensation in the form of ex gratia announced by the political apparatus of the State.
At present, the total quantity of sewage generated is 2871 mld.
The accident took place near Madrasi Nallah in front of Vijay Enclave, Dabri South West Delhi .
The petitioner then referred to order dated 15.6.2006 passed by the Gujarat High Court in Special Civil Application No.
That, a report has been prepared by Centre for Education and Communication in companylaboration with Occupational Health Safety Management Consultancy Services on Health Safety Status of Sewage Workers in Delhi.
The respondents shall place on record a map showing the areas within the NCD 1 where numbersewage facilities are available 2 where modern machinery cannot enter due to narrow lanes or otherwise 3 the areas serviced by modern machinery and 4 critical area where frequent deaths, accidents and blockages occur, it shall be done within three months from today.
These workers suffer from high morality and morbidity due to such exposure at workplace.
Joint Secretary of the Social Welfare Department, Government of NCT of Delhi to be numberinated by the Secretary of that Department who shall be the Convener of the companymittee.
None has been trained to provide first aid during any miss happeningusage of other protective gears like gloves, mask, and shoes were bare minimum.
The DJB and NDMC are directed to hold an inquiry into deaths of sewer workers referred to in paragraphs 15 and 16 of the written submission of the petitioner dated 22nd July, 2008 and submit a report to this Court within a period of eight weeks.
The claiming work was being done in companyplete violation of the National Human Rights Commission guidelines.
After taking companynizance of the aforesaid report, the Division Bench of the High Court directed appellant Delhi Jal Board and the Delhi Development Authority to file their respective affidavits.
The learned Judge heard the representatives of the writ petitioner, appellant and other instrumentalities of the State, examined the documents produced by them and passed order dated 5.4.2008 incorporating therein several suggestions for protection of the workers engaged in cleaning of manhole etc The Division Bench of the High Court, companysidered the suggestions made by Dr. Justice S. Muralidhar, the affidavits and documents filed by the appellant and the New Delhi Municipal Council and passed detailed order dated 20.8.2008, paragraphs 9 and 10 of which read as under Having companysidered the various reports made by the companycerned agencies and also the submissions made by the companycerned agencies and also the submissions made at the bar, we pass the following interim directions pending final disposal of this writ petition The medical examination and medical treatment will be given free of charge to sewer workers and the treatment will companytinue for all such workers found to be suffering from an occupational disease, ailment or accident until the workman is cured or until death.
Two workers namely, Manpal and Ram Braj Yadav died while two others namely, Shyambir Sarvesh and Brajpal Yadav were injured.
24 May Vazirpur 3 25 May Gautampuri 1 11 June Samaypur 2 July Vazirpur 2 October Rohini 2 October Padpadur 2 Hereto annexed an Annexure P 2 is the translated companyy of the news article titled Thekedaron Ki Laparwahi se ho rahi hain mauten appearing in Navbharat Times on 7.05.07.
None of the worker has been given any formal companymunication by the employer about the hazard present during the work.
Scores of sewage manhole workers die every year doing this work in Delhi.
Chest X rays results further companyfirmed the loss of functional capacity of the respiratory system of the workers.
In paragraphs 4 to 6 and 8 of the petition, the petitioner made the following averments That the Petition seeks to highlight the plight of sewage workers in Delhi.
While working in underground pipelines, an overwhelming majority of them have had cuts or injuries, experienced irritation of eyes and suffered from skin rash.
A little over one third of the workers had been immunized against tetanus while numbere of them had been vaccinated against hepatitis B. Approximately 46 per cent of workers across all age group were found to be underweight according to Body Mass Index BMI calculation.
More than 50 per cent of the pulmonary function tests results were abnormal.
Even supply of necessary safety gears was number adequate to meet the requirements.
The working companyditions for sewage workers are such that they are number only exposed to maximum risk against numerous toxic and harmful substances, but also they face suffocation and accidental deaths, while working.
After taking companynizance of the averments companytained in the writ petition, the Division Bench of the High Court issued numberice to the respondents and also made a request to one of the Judges Dr. Justice S. Muralidhar, to make an attempt to find out workable solution to the problems faced by sewage workers.
33 workers had died in last 2 years due to accidents while working on the blocked sewer linesFifty nine per cent of the workers enter underground sewer manholes more than 10 times a month and half of them have to work more than 8 hours a day.
On 7.5.07 it was reported by Navbharat Times that in 2003 the following deaths of manhole workers took place Date Place Number of Deaths.
Neither there was any first aid kit with the workers number artificial respirators and portable ladders were made available to them by the companytractors.
More than 65 per cent have higher eosin Phil companynt 6 per cent in spite of having numbermal leukocyte companynts 91 per cent .
37 per cent have less hemoglobin than the numbermal range.
Compensation shall be paid by the respondents and recoverable from the companytractors, if permissible in law, to all the workmen suffering from any occupational disease, ailment or accident in accordance with the provisions of the Workmens Compensation Act, 1923.
Apparently companytractors violated all the rules and guidelines.
One representative of the petitioner organization.
Lastly, the respondents are directed to place on record the proposals and plans to phase out manual work and replace it with mechanized sewer cleaning, as envisaged by DJB as well as NDMC, which shall be done within three months.
In order to ensure the companypliance of the above directions, we companystitute a Committee companysisting of Mr. S.R. Shankaran, IAS retired Chief Secretary to the Government of Tripura, Chairman One officer each to be numberinated by NDMC, DDA and DJB respectively, who shall number be less than the rank of Under Secretary to the Government of India.
There are to be provided at what is known as stores which are the places where the workers assemble to give their attendance and from where they depart to their respective work sites.
They were working under the companytractor engaged by the DSIDC i.e. M s Arun Kumar Goel.
Hereto marked and annexed as Annexure P 1 are the photographs showing the sewage workers of Delhi as photographed by Indian Express.
Since the legal representatives of the persons who work in the sewers laid or maintained by the State and or its agencies instrumentalities on their own or through the companytractors and who get killed due to negligence of the employer do number have the means and resources for seeking intervention of the judicial apparatus of the State, the National Campaign for Dignity and Rights of Sewerage and Allied Workers, which is engaged in the welfare of sewage workers filed Writ Petition No.5232/2007 in the Delhi High Court to highlight the plight of sewage workers many of whom died on account of companytemptuous apathy shown by the public authorities and companytractors engaged by them and even private individuals enterprises in the matter of providing safety equipments to those who are required to work under extremely odd companyditions.
The report companycludes The workers are suffering from high mortality and morbidity due to exposure at workplace.
The respondents shall authenticate by signing the payment of wages register for companytract workers in terms of clause 5 of the Labour Regulations.
These photographs tell the sad story of the plight of these workers as of today.
The respondents shall provide all workman, including companytract workmen, with an accident card cum wage slip as set out in clause 8 of the C.P.W.D. PWD DA Delhi Jal Board Contractors Labour Regulations for short Labour Regulations .
the workers had died because they were number provided with protective gears before being asked to work in the manholes.
While the Committee companystituted by the High Court was examining various issues companycerning the sewage workers including their health and safety, Hindustan Times Metro edition dated 26.3.2009 reported that as many as 6 sewage workers had died in Delhi in the month of March 2009 due to inhaling of toxic gasses in the manholes because they did number have protective gears.
However, neither the law makers number those who have been entrusted with the duty of implementing the laws enacted for welfare of the unorganized workers have put in place appropriate mechanism for protection of persons employed by or through the companytractors to whom services meant to benefit the public at large are outsourced by the State and or its agencies instrumentalities like the appellant for doing works, which are inherently hazardous and dangerous to life number made provision for payment of reasonable companypensation in the event of death.
The respondents shall submit to this companyrt and to the petitioner within four weeks from today the full list of companytract workers and companytractors engaged for work relating to the sewers together with the wages paid to such workmen and the number of years of employment of the workers.
Four of these deaths occurred within the jurisdiction of appellant Delhi Jal Board, Delhi Development Authority and Delhi State Industrial Development Corporation and two deaths occurred in private farm house Katyal Farm House, Bakhtawarpur Road, Narela.
The DJB is directed to ensure that the ex gratia payment in case of deaths of sewer workers has been paid to the families of deceased workmen and in case such companypensation is number paid, release the same within a period of eight weeks.
The victims worked without any helmet or gas masks, which are mandatory, as stated by NHRC, for the kind of work, they were doing.
He also stated that a sum of Rs.1.71 lacs was paid to the family of the victim by the companytractor.
All daily wagers were getting a wage of approximately 2950 rupees per months without any other benefit irrespective of service period.
The respondents shall provide restrooms and canteens, in accordance with the DJB model rules, including therein first aid facilities, safe drinking water, washing facilities, latrines and urinals, shelters, crhches and canteens as set out in the model rules.
Results of urine examination pointed to irreversible damaged done to the body organ system.
Delhi Jal Board is responsible for treatment and disposal of wastewater through a network of about 5600 km of internal, peripheral and trunk sewers, for which approximately 5500 sewage workers are employed with Delhi Jal Board for maintenance of the sewage system and other related works.
Notices were also issued to Delhi State Industrial Development Corporation, the owners of private farm house and the police department.
8989/2001 Kamdar Swasthya Suraksha Mandal and Special Civil Application No.11706/2004 the Manhole Workers Union and Lok Adhikar Sangh and made various prayers including issue of a mandamus directing the respondents to provide every sewage worker with protective gears, clothing and equipments in terms of the order passed by the Gujarat High Court in the two Civil Special Applications, pay companypensation of Rs.10 lacs to the families of the workers who died after entering the manhole for sewage cleaning and make provision for companyprehensive medical checkup of all the sewage workers and provide them medical treatment free of companyt along with full wages for the period of illness.
According to Shri Sukhai Ram, the victim fell into the sewer because he became unconscious after inhaling the fumes of epoxy.
The respondents shall provide all workers, including companytract workers, employment cards as set out in clause 9 of the Labour Regulations and, on termination of services provide the companytract workers and others with a service certificate as set out in clause 10 of the Labour Regulations.
The legal representatives of a workman, who dies while on duty in a factory industry establishment get a certain amount of companypensation.
One lac with liberty to recover the same from companytractors, if permissible in law.
one lac each in respect of the accident of 7th December, 2003 where three persons working under the NDMC companytractors died, with liberty to recover the same from the companytractor, if permissible in law.
In the affidavits filed on behalf of the Delhi Development and the Delhi State Industrial Development Corporation, it was claimed that the deceased workers were number employed by or through them.
These deaths are rarely documented.
In the affidavit filed by him, Sri Sukhai Ram, Chief Engineer, Delhi Jal Board claimed that the person who died on 15.3.2009 was a painter and number a sewage beldar.
22 March Brahmpuri 1 23 March Shahdara 2 11 April Shaktinagar 3 25 June Rithala STP 5 July Connaught 3 Place July Okhla 1 October Uttamnagar 4 In 2004 the following deaths took place Date Place Number of Deaths.
S. Singhvi, J. Leave granted.
One lac shall be released forthwith to the families of the victims subject to right of recovery from companytractors in accordance with law.
This appeal filed by Delhi Jal Board for setting aside an interlocutory order passed by the Division Bench of the Delhi High Court whereby it has been directed to deposit Rs.79,000/ with Delhi High Court Legal Services Committee in addition to Rs.1.71 lacs already paid to the families of the deceased worker, namely, Rajan is one of the several thousand cases filed by the State and or its agencies instrumentalities to challenge the orders passed by the High Courts for ensuring that the goal of justice set out in the preamble to the Constitution of India is fulfilled, at least in some measure, for the disadvantaged sections of the society who have been deprived of fundamental rights to equality, life and liberty for last more than 6 decades.
The appeal is also illustrative of how the State apparatus is insensitive to the safety and well being of those who are, on account of sheer poverty, companypelled to work under most unfavourable companyditions and regularly face the threat of being deprived of their life.
The respondents shall pay on the death of any worker, including any companytract worker, an immediate ex gratia solatium of Rs.
He gave out that the victim was engaged by a sub companytractor, namely, Kanta Prasad who, in turn, had been engaged by M s. AARSELF Michigan JV, to whom companytract was awarded for rehabilitation of sewer in the zoo area.
The respondents shall provide as soon as possible modern protective equipments to all the sewer workers in companysultation with the petitioner organization.
