Calcutta High Court (Appellete Side)
Shanti Ganatantra Samhati Mancha & Ors vs Union Of India & Ors on 2 May, 2024
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
02.05.2024
Item Nos.34 to 36
KS/Sayandeep
Ct. No.1
WPA 26162 of 2014
Shanti Ganatantra Samhati Mancha & Ors.
Vs.
Union of India & Ors.
With
WPA 8033 of 2017
With
I.A. No.CAN 1 of 2018 (old CAN 3763 of 2018)
With
I.A. No.CAN 2 of 2021
Bijan Paik & Ors.
Vs.
State of West Bengal & Ors.
With
WPA 9114 of 2014
Sabujer Abhijan & Ors.
Vs.
State of West Bengal & Ors.
Ms. Nandini Mitra
Ms. Shamim Ahammed,
Mr. Arka Maiti,
Ms. Saloni Bhattacharya
Ms. Ambiya Khatun
.... for the Petitioners.
Mr. T. M. Siddique,
Mr. Suddhadeb Adak
... for the State.
Mr. N. C. Bihani,
Mrs. P. B. Bihani
... for the W.B. Pollution Control Board.
Mr. Dipanjan Datta,
Mr. Subhajit Chowdhury
.... For the Regional Occupational
Health Centre (Eastern Region)
Mr. Vipul Kundalia
.....for the respondent no.6
1. Pursuant to the directions issued by this Court on 22 nd August, 2023, the Joint Director of Health Services 2 (Tuberculosis) & STO, Health & Family Welfare Department, Government of West Bengal has submitted a compliance report dated 30th April, 2024. The sum and substance of the compliance are noted as hereunder:-
"(1) District Silicosis Diagnosis Board has been formed in all the districts of the State of West Bengal;
(2) Silicosis Patient Identity Card has been issued to 76 Silicosis affected persons for further relief, rehabilitation and compensation by the Labour Department, Government of West Bengal;
(3) The Deputy Director of Health Service (Tuberculosis) attached to the Directorate of Health Services has been nominated as the Nodal Officer on behalf of the Health and Family Department, Government of West Bengal;
(4) The Joint Labour Commissioner (P, Barrackpore, North 24 Parganas has shared a list of 51 persons, who are affected by Silicosis and the details regarding the field verification has been mentioned."
2. The compliance report is taken on record and the Nodal Officer viz. The Deputy Director of Health Service (Tuberculosis) is directed to convene a meeting in which the learned advocate appearing for the writ petitioners shall be invited to participate apart from other stake holders. In such meeting, the members shall deliberate upon the categories under which the Silicosis affected persons have to be classified and what are the relief, rehabilitation and compensation to be extended to them through the Labour Department, Government of West Bengal. Other connected issues for the betterment of such patients shall also be discussed and the Minutes 3 of the Meeting be recorded and placed before this Court for further direction.
3. This Court would suggest that the Government of West Bengal shall issue an order permitting the Silicosis affected person to travel along with an attendant free of cost in the buses plying in the State of West Bengal.
4. Upon the minutes being placed before this Court, it will be considered as to what further directions have to be issued.
5. The Nodal Officer is directed to convene the meeting at a convenient time during the 3rd week of June commencing on 17th June, 2024.
6. During the course of the meeting, the compensation or other benefits of the scheme, which can be extended to the legal heirs of the deceased persons shall also be discussed and placed before this Court.
7. List these matters on 27th June, 2024 under the same caption.
(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)