Madras High Court
Craigmore Plantations (I) Private ... vs The District Collector on 31 March, 2021
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.1326 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 31.03.2021
CORAM
THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE
W.P.No.1326 of 2021
AND
W.M.P.Nos.1480 & 1483 of 2021
Craigmore Plantations (I) Private Limited
Rep. by its Managing Director
Maletira Nanjapa Bopana
Having office at
Kullakamby Post
Nilgiris District ... Petitioner
Vs.
1.The District Collector
The Nilgiris District
Udhagamandalam
2.The Sub-Collector/Revenue Divisional Officer
Coonoor
The Nilgiris District
3.The Tahsildar
Coonoor Taluk
The Nilgiris District
4.The Assistant Engineer
TANGEDCO
Selas, Katary PO
Kenthala
The Nilgiris ... Respondents
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https://www.mhc.tn.gov.in/judis/
W.P.No.1326 of 2021
Writ Petition filed under Article 226 of the Constitution of India praying for
issuance of a writ of certiorarified mandamus calling for the records pertaining to
the order dated 31.12.2020 made in Rc.No.DM/6053/2020 on the file of the District
Collector, The Nilgiris District, Udhagamandalam, the first respondent herein and
quash the same and consequently direct the first respondent not to interfere with the
day-to-day affairs of the petitioner company.
For Petitioner : Mr.B.Kumar
Senior Counsel
for Mr.S.Ramachandran
For R1 to R3 : Mr.A.L.Somayaji,
Special Advocate General
assisted by Mr.V.Shanmuga Sundar,
Special Government Pleader
For R4 : Mr.N.Damodaran
ORDER
This writ petition has been filed challenging the order dated 31.12.2020, passed by the 1st respondent, sealing the factory premises of the petitioner on the ground that the petitioner has violated the Standard Operating Procedures required to be followed to prevent the spread of COVID-19 infection. Under the impugned order, the following violations have been pointed out by the 1st respondent.
1. Adequate arrangements for temperature screening and providing sanitizers at convenient places at work places did not made.
2. Work places did not had a gap of one hour between shifts.
3. Entries not found with regard to sanitation of work places between shifts.
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4. Workers not following social distancing and management not insisted workers regarding this.
5. Facilities for frequent cleaning of common surfaces not found in the premises and procedures for handwashing for the workers working in premises not followed by the management.
6. Disinfection of following areas in the premises did not made frequently and no entries found regarding disinfection.
(a) Entrace gate of building, office, etc.
(b) Cafeteria and canteens.
(c) Meeting room, Conference Halls/ Open areas available/ Verandah/ Entrance gate of site, Bunker, Porta cabins, Buildings, etc.
(d) Equipments and lifts.
(e) Washroom, toilet, sink, water points, etc.
(f) Walls/ all other surfaces.
7. All vehicles and machinery entering the premise did not disinfected by spray and no arrangements for the same made there by the management.
8. Lapses found in entries made in the register maintained for thermal scanning of everyone entering and exiting the work place.
2. When the matter came up for hearing on 24.03.2021, by consent of both the parties, the following directions were issued by this Court :
“Mr.S.Gunasekaran (E.No.608/2004), No.015-C, KNM Compound, Coonoor-2, The Nilgiris (Mobile No.9787519609, e-mail id - [email protected]) is appointed as Advocate Commissioner to inspect the petitioner's factory situated at Kullakamby Post, Nilgiris District and submit a report before this Court as regards the alleged COVID-19 violation of Standard Operating Procedure and guidelines issued by the District Collector under the impugned order dated 31.12.2020.3/10
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(a) The report to be submitted by the Advocate Commissioner shall mention whether the violations pointed out in the impugned order still remains and if any of the violations still remains, the same may be highlighted in the said report.
(b) The Advocate Commissioner shall take into consideration the various orders passed by the Central Government as well as the State Government with regard to the protocols to be maintained during this COVID-19 pandemic for running any establishment like that of the petitioner, in his report to be submitted before this Court.
(c) The Advocate Commissioner shall submit a report to this Court on 29.03.2021.
(d) The petitioner shall pay the Advocate Commissioner an initial remuneration of Rs.1,00,000/- (Rupees one lakh only) and take care of all his travel, boarding and lodging expenses, if any.”
3. In terms of the aforesaid directions, the Advocate Commissioner Mr.S.Gunasekaran, has inspected the petitioner's factory premises and submitted a report before this Court on 29.03.2021 and the relevant portion of the report, reads as follows :
i. I came to know by verifying the attendance registers that a maximum number of 80 workers work per day on 3 shifts in the petitioner's factory.
ii. I submit that on verification of the stock register of the petitioner factory which has been enclosed herewith as document No.2 which is used for the GST and earlier submitted to Central Excise, it reveals that the factory was not functioning from 07.12.2020 and hence there was no production at all and as such that on 15.12.2020 when the factory was sealed, there was no production and only around 10 workers were present such as sweepers, mechanics, electricians and a supervisor for general maintenance as evident from the daily muster of the petitioner factory which has been filed as document No.3.4/10
https://www.mhc.tn.gov.in/judis/ W.P.No.1326 of 2021 iii. I submit that the petitioner have taken adequate protective gears for the safety of the workers such as implementing precautionary protocols, preventive measures for temporary closure of Creches, social distancing, disinfectant spraying procedures, purchase of masks for workers etc. as is evident from document Nos.4,5,6,7 & 8 filed herewith.
iv. The petitioner have maintained a register to note the body temperature, oxygen saturations and pulse reading of the workers and visitors as evident from document No.9 filed herewith from 16.12.2020 and the register maintained prior to it has been seized by the 1st respondent.
v. There are various sanitizing points throughout the factory premises, to start with the entrance gate where they disinfect the vehicles entering the factory, sanitizers, sinks in each and every units such as Manufacturing units, Rolling rooms, Shifting and grading unit, Packing units. The machineries are not sanitized as food product is manufactured and they have been kept clean.
vi. There are separate washrooms, toilets, sinks, water points for ladies and gents seem to be well maintained with sufficient number of toilets, showers, sinks etc. vii.I found that there are no cafeteria, canteens, conference halls, equipments and lifts in the petitioner factory as mentioned in the order of the District Collector dated 31.12.2020.
viii.The petitioner had obtained necessary consent from the workers and had also conducted awareness trainings in their premises as could be seen from document Nos.10 & 11 filed herewith.
6. I state that on the date of my inspection also the petitioner has been following the above protocols and the photographs showing the same are filed herewith for the perusal of this Hon'ble Court.
7. Herewith I am submitting my report based on the records perused and on ground realities on the date of my inspection with the following enclosures.
Enclosures :
1. Protocol to be followed by an establishment like that of the petitioner as per the proceedings of the Collector of Nilgiris, Uthagamandalam dated 15.04.2020 bearing No.Proc.N/DM/6053/2020.5/10
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2. Copy of stock register of the petitioner facotry which shows day-to-day production.
3. Daily muster of the petitioner factory which shows the number of workers employed on 15.12.2020.
4. Copy of precautionary protocols implemented by the petitioner dated 19.03.2020.
5. Copy of resolution for temporary closure of Creches.
6. Printouts of photographs taken on 28.04.2020 showing the precautions taken by the petitioner.
7. Copy of daily disinfectant spraying procedure followed by the petitioner.
8. Copy of invoice dated 24.03.2020 showing the purchase of masks for workers.
9. Copy of register maintained to note the body temperature, oxygen saturations and pulse reading of the workers and visitors.
10. & 11. Copy of declaration and consent obtained from the workers.
12. Photographs along with the receipt showing the factory premises on the date of inspection.
4. A copy of the report was also furnished to the petitioner as well as the learned Special Government Pleader appearing on behalf of the respondents. Mr.A.L.Somayaji, learned Special Advocate General for this case on behalf of the respondents pointed out that in the report submitted by the Advocate Commissioner, there is no reference as to whether, the petitioner is adhering to the following, even though the same has been reflected in the impugned order passed by the 1st respondent.
(a) Workplace did not have a gap of one hour between shifts. 6/10 https://www.mhc.tn.gov.in/judis/ W.P.No.1326 of 2021
(b) Entries not found with regard to sanitation of workplaces between shifts.
(c) Facilities for frequent cleaning of common surfaces not found in the premises and procedures for handwashing for the workers working in premises not followed by the management.
(d) Whether social distancing norms imposed by the Ministry of Home Affairs, Government of India has been followed.
(e) The employer as well as the employees will have to use mask while working in the petitioner's factory.
5. Mr.B.Kumar, learned Senior Counsel for the petitioner, on instructions, would submit that the petitioner is willing to abide by the aforesaid conditions also, even though the same has not been pointed out by the learned Advocate Commissioner, in his report.
6. Mr.A.L.Somayaji, learned Special Advocate General appearing for the respondents would submit further that the petitioner will have to strictly adhere to all COVID-19 protocols imposed by the State and Central Government from time to time. If that is followed, the 1st respondent has no objection for de-sealing the petitioner's factory. Therefore, this Court, directs the petitioner to file an affidavit before the 1st respondent stating that they will adhere strictly all the COVID-19 protocols imposed by the State and Central Government and on receipt of the said affidavit, the 1st respondent shall de-seal the petitioner's factory which was sealed earlier on 15.12.2020, within 24 hours from the time of filing of the affidvait by the 7/10 https://www.mhc.tn.gov.in/judis/ W.P.No.1326 of 2021 petitioner. In case, the petitioner violates COVID-19 protocols in the near future, it is made clear by this Court that the 1st respondent is at liberty to take action against the petitioner in accordance with law.
7. The Advocate Commissioner has also filed a memo seeking additional remuneration. He was initially paid a remuneration of Rs.1,00,000/- by the petitioner. He has spent almost 5 hours in the petitioner's factory and he has come all the way to Chennai for submitting his report and stayed in Chennai for the past 3 days.
8. Considering the same, this Court, fixes his additional remuneration at Rs.50,000/-. Accordingly, the petitioner is directed to pay the said sum to the Advocate Commissioner, within 2 days from today.
With the aforesaid directions, this Writ Petition is disposed of. No costs. Connected Miscellaneous Petitions are closed.
31.03.2021 Index: Yes/ No Internet: Yes gya Note : Issue Today To 8/10 https://www.mhc.tn.gov.in/judis/ W.P.No.1326 of 2021
1.The District Collector The Nilgiris District Udhagamandalam
2.The Sub-Collector/Revenue Divisional Officer Coonoor The Nilgiris District
3.The Tahsildar Coonoor Taluk The Nilgiris District
4.The Assistant Engineer TANGEDCO Selas, Katary PO Kenthala The Nilgiris ABDUL QUDDHOSE, J.
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