Telangana High Court
News Item Published vs State Of Telangana, on 4 July, 2022
Author: Surepalli Nanda
Bench: Surepalli Nanda
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
TAKEN UP WRIT PETITION (PIL) No.2 OF 2019
ORDER:(Per the Hon'ble the Chief Justice Ujjal Bhuyan) Heard Mr. Radhive, learned Government Pleader representing respondents No.1 to 7; Mr. Namavarapu Rajeshwar Rao, learned Assistant Solicitor General of India appearing for respondents No.8 to 11; Mr. J.Anil Kumar, learned counsel for respondent No.12; and learned Government Pleader appearing for respondent No.13.
2. This writ petition was registered suo motu by this Court and treated as public interest litigation on the basis of a news item dated 05.01.2019 published in the newspaper 'The Hindu'.
3. The subject matter of the news item and subsequently the present proceedings relate to the fatality suffered by the workmen working in quartz mines at Elkatta and Chowlapally villages in the erstwhile 2 HCJ & SNJ Taken Up W.P (PIL).No.2 of 2019 Mahabubnagar District (now Ranga Reddy District) on account of silicosis.
4. It may be mentioned that there was earlier a public interest litigation, being W.P.No.5886 of 2000 (Public Interest Litigation), wherein an order was passed on 05.03.2013 based on the scheme placed on record by the then learned Advocate General which reads as follows:
"1. The workmen who have worked with the Corporation at Elkatta and Chowlapalli Villages shall submit their application to the Compensation Commissioner appointed under Workman's Compensation Act, 1923, if they are affected by the occupational disease i.e., Silicosis.
2. The Compensation Commissioner, after the receipt of such application with proper evidence of having worked with the Corporation shall refer such applicants to the Inspector of Mines (Medical) under Directorate General of Mines Safety, Ministry of Labour, Government of India to get the examination conducted to such persons who are suffering from occupational disease for confirmation.
3. After getting the confirmation of such work persons having affected by the occupational disease i.e., Silicosis, from the Inspector of Mines (Medical), the applicants has to submit such reports to the Compensation Commissioner appointed under Workmen Compensation Act, 1923. The Compensation Commissioner after careful examination shall decide the amount of compensation based on the age and severity of the occupational disease.
3 HCJ & SNJ Taken Up W.P (PIL).No.2 of 2019
4. The Corporation agrees to pay the compensation as decided by the Compensation Commissioner to the work persons who have affected by occupational disease and having worked with the Corporation and having lost their lives, which will be confirmed after verification, the compensation will be paid to the legal heirs through Compensation Commissioner.
5. The Corporation agrees to pay the compensation as fixed by the Compensation Commissioner to those Silicosis affected persons and have worked with the Corporation and still suffering from the occupational disease. Further, medical assistance to such persons shall be provided at the cost of the Corporation.
6. It is further to state that the Corporation agrees to extend additional benefit of Rs.500/- per widow per month to the widows of work persons died due to silicosis after having worked with the Corporation and after due verification, as widow pension. Such benefit will be extended only after the compensation granted by Compensation Commissioner under Workmen Compensation Act, 1923."
5. Be that as it may, in the course of the present proceedings a Committee was constituted by the Telangana State Legal Services Authority to identify silicosis affected persons. The Committee consisted of the following Members:
1.Sri D.Chiranjeevulu : District and Sessions Judge, Retd.
2. Smt. G.Deepti : General Manager, TSMDC, Hyd.
4 HCJ & SNJ Taken Up W.P (PIL).No.2 of 2019
3. Dr. Kaushik Sarkar : Director of Mines Safety (OH) and Certifying Surgeon South Central Zone, Hyderabad.
4. Sri K.Srinivas Rao : Inspector of Factories, Mahabubnagar Circle.
5. Smt. S.Rajeshwari : Revenue Divisional Officer, Shadnagar.
6. Sri M.Sambasiva Rao : Social Activist
6. An affidavit has been filed by the Telangana State Mineral Development Corporation i.e., respondent No.5, wherein it is stated that the aforesaid Committee commenced its work from 18.01.2020 with field visits to the affected villages. After considering relevant data, the Committee could identify 187 eligible persons entitled to receive compensation. Thereafter, final report was submitted on 11.03.2020.
7. This Court on 17.01.2022 directed the State Government to take appropriate action in the matter of payment of compensation.
5 HCJ & SNJ Taken Up W.P (PIL).No.2 of 2019
8. As per the affidavit, compensation has been paid to all the 187 affected persons. In case of 185 persons, compensation has been paid @ Rs.2.00 lakhs per person and in case of two other persons compensation has been paid @ Rs.1.00 lakh per person. Thus, a total of Rs.3,72,00,000.00 has been paid as compensation to the 187 affected persons.
9. Mr. J. Anil Kumar, learned counsel for Telangana State Legal Services Authority has submitted the final report in this case.
10. Whether the compensation paid is adequate or not, we would not like to go into in the present proceedings and leave it to the affected individuals. If they feel aggrieved by the quantum of compensation, they would be at liberty to move the appropriate forum for redressal of their grievance. However, we are of the view that the purpose for which this proceedings was initiated suo motu has been achieved and therefore, we would like to close the proceedings.
6 HCJ & SNJ Taken Up W.P (PIL).No.2 of 2019
11. We place on record our appreciation for the assistance rendered by learned counsel for the parties.
12. Writ petition is accordingly disposed of.
13. Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ SUREPALLI NANDA, J 04.07.2022 vs