Calcutta High Court (Appellete Side)
Free Transport Welfare Society vs Union Of India & Ors on 3 October, 2018
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
03.10.2018.
Item no. 883.
Court No. 1
pd/ap
W.P. No. 20749 (W) of 2014
Framework for An Accountable Clean & Corruption
Free Transport Welfare Society
Versus
Union of India & Ors.
With
W.P. No. 26162 (W) of 2014
Shanti Ganatantra Samhati Mancha
Versus
Union of India & Ors.
With
W.P. No. 8033 (W) of 2017
With
CAN 3763 of 2018
Bijan Paik & Ors.
Versus
The State of West Bengal & Ors.
Mr. Samim Ahammed,
Mr. Arka Maiti.
...For the Petitioners
in W.P. No. 8033 (W) of 2017.
Mr. Abhratosh Majumdar, Ld. A.A.G.
Mr. Talay Masud Siddique,
Mr. Avra Mazumder,
Mr. Nilotpal Chatterjee.
..For the State.
Mr. Vipul Kundalia.
..For the Respondent No.6
in W.P. No. 8033 (W) of 2017.
Mr. Tarun Jyoti Tewari.
..For the Union of India in W.P. No. 20749 (W) of 2014.
Mr. R. De.
...For the Respondent no.10 in W.P. No. 20749 (W) of 2014.
2Mr. Dipanjan Datta, Ms. Rituparana Saha, Mr. Sayan Datta, Mr. Subhojit Chowdhury.
..For the Respondent No.7 in W.P. No. 8033 (W) of 2017.
Out of the aforesaid three writ applications, the first one has been filed by a Non-Government Organization alleging inaction on the part of the Central Government and the State Government to frame regulations and/or guidelines in respect of the Occupational Safety and Health Regulations. The second writ application has been filed by a Non- Government Organization praying for issuing of appropriate writ or writs commanding the Authorities of State of West Bengal to facilitate regular medical check up and/or assistance as also to compensate the 'victim of Silicosis', which is a occupational lung disease caused by inhalation of crystalline silica dust. The third writ application has been filed by the 'victim of Silicosis' or the members of such victims' family to agitate their grievances.
By an order dated May 19, 2017 passed in the aforesaid third writ application bearing W.P. No. 8033 3 (W) of 2017 to hear the same along with the second writ application bearing W.P. No. 26162 (W) of 2014.
None appears today on behalf of the petitioner in W.P. No. 20749 (W) of 2014 when this matter is called on. No accommodation is prayed for.
Upon a close scrutiny of the subject matter involved in the above writ application, we find that the same involves occupational diseases in a broad perspective and mainly relating to occupational health hazards of the workers employed in the Thermal Power Stations in West Bengal praying for direction upon the Central and State Government to frame appropriate guidelines.
We are of the considered view that in order to pay proper attention in the subject matter involved in this writ application, the aforesaid writ application should be heard separately for adjudication of the issues involved therein as also for passing necessary orders in respect of the same.
Therefore, the writ application bearing W.P. No. 20749 (W) of 2014 is separated from the bunch of these writ applications.
4
However, the subject matter involved in the second and third writ applications bearing W.P. No. 26162 (W) of 2014 and W.P. No. 8033 (W) of 2017, respectively, will be heard analogously and those writ applications are taken up for hearing.
Having heard the learned Advocate appearing on behalf of the respective parties as also after considering the facts and circumstances involved in the aforesaid two writ applications, we find that the National Human Right Commission took up a matter of 'Silicosis Victim', namely, Hossain Molla and 139 others (In Re: Case Details of File No.1312/25/15/2015), who are residing in Village - Goaldaha, Police Station - Minakhan, District - North 24 Parganas, West Bengal.
By its order dated May 3, 2018, the National Human Right Commission directed the Chief Secretary to the Government of West Bengal to submit action taken report before it as also calling upon him to prepare and adopt a policy similar to one adopted by the State of Haryana for treatment, compensation and rehabilitation welfare scheme etc. for 'Silicosis Victims' and their families so as to make 5 process of treatment, compensation and rehabilitation etc., a self-sustaining process. A copy of Haryana Silicosis Rehabilitation Policy was also forwarded to the Chief Secretary to the Government of West Bengal for his consideration. This was the origin of initiating the public interest litigation bearing W.P. No. 26162 (W) of 2014.
Though we find that W.P. No. 8033 (W) of 2017 has been filed by 'Silicosis Victim' or the members of its family, we agree with the orders passed in connection with the above application for hearing the same with the other writ application, which has been filed by way of initiating public interest litigation in order to avoid multiplicity of proceedings.
From the order dated July 20, 2018, we find that the learned Advocate-on-record appearing on behalf of the petitioners in the aforesaid two writ applications was directed to hand over the particulars of villages and the 'Silicosis Victims' residing therein to the learned Advocate-on-record for the State so that appropriate actions might be taken for their medical check up and follow up treatment at regular interval in respect of 'Silicosis Victims' of the 6 villages other than Goaldaha, Police Station - Minakhan, District - North 24 Parganas, West Bengal village.
So, we find that these two matters are concerned with two aspects - (a) to frame a Silicosis Rehabilitation Policy for treatment, compensation, rehabilitation and welfare scheme for the 'Silicosis Victim' and their family members taking into consideration the Haryana Silicosis Rehabilitation Policy as published in the Notification No.6/75/2016- 11ab, dated January 4, 2017 issued by the Haryana Government, Labour Department;
(b) to submit an action taken report with regard to organizing of camps regularly in all villages, where 'Silicosis Victim' are residing in addition to Goaldaha village at Minakhan, which is situated in the District of North 24 Parganas in the State of West Bengal;
Whenever the aforesaid camps will be organized, the respondent no.7 shall be informed for ensuring their presence in those camps and rendering their co-operations to the State Government in this regard.
7
We are given to understand that a list containing the names of the villages and the 'Silicosis Victims' residing therein apart from the village - Goaldaha Police Station - Minakhan, District - North 24 Parganas, West Bengal has already been handed over to the learned Advocate-on-record appearing on behalf of the State in those two matters on or about July 20, 2018.
In view of the above, we direct the State Government to prepare Silicosis Rehabilitation Policy for treatment, compensation and rehabilitation as a welfare scheme as also to make necessary arrangements for regular check up, diagnosis and treatment regularly to 'Silicosis Victims' residing in all those villages, the names of which are made available to the learned Advocate-on-record in compliance of the order dated July 20, 2018 passed in these matters and to submit a report in respect of the aforesaid two aspects before this Court on the next date of hearing.
The hearing of these matters stand adjourned to November 28, 2018 and these matters will appear 8 in the Daily Supplementary Cause List on that date under the heading "Hearing (PIL Matters)".
(Debasish Kar Gupta, A.C.J.) (Shampa Sarkar, J.)