Karnataka High Court
Suo Motu vs Secretary To Dept Of Labour on 18 November, 2013
Bench: Chief Justice, S.N.Satyanarayana
-: 1 :-
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 18TH DAY OF NOVEMBER, 2013
PRESENT
THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
WRIT PETITION NO.26143/2012 (L-RES) PIL
BETWEEN:
SUO MOTU ...PETITIONER
(BY SRI UMASHANKAR M.N, ADV., AS AMICUS CURIAE)
AND:
1. SECRETARY TO DEPT OF LABOUR
GOVT. OF KARNATAKA,
M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BANGALORE -1.
2. KARNATAKA BUILDING AND CONSTRUCTION,
LABOUR WELFARE BOARD BY
LABOUR COMMISSIONER,
GANDHINAGAR, BANGALORE -9.
3. THE CHIEF EXECUTIVE ENGINEER,
BESCOM,
CAUVERY BHAVAN,
BANGALORE -09.
4. BRUHAT BENGALURU MAHANAGARA PALIKE,
BANGALORE. ...RESPONDENTS
(BY SMT.NILOUFER AKBAR, AGA FOR R1,
SRI M.R.C.RAVI, ADV., FOR R2
SRI G.KRISHNAMURTHY, ADV., FOR R3,
SRI K.N.PUTTEGOWDA, ADV., FOR R4)
-: 2 :-
THIS SUO MOTU WRIT PEITION IS FILED AS PER
THE REPORT IN HINDU NEWS PAPER DATED 26.7.2012 A
WORKER DIED AFTER BEING ELECTROCUTED AT A
RESIDENTAL CONSTRUCTION SITE IN VEERABHADRA
NAGAR ON TUESDAY EVENING. THE TWO OTHER
WORKERS HAVE BEEN HOSPITALIZED WITH BURNS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, SATYANARAYANA J., MADE THE
FOLLOWING:
ORDER
1. This public interest litigation is initiated based on two reports submitted by the Deputy Secretary, Karnataka State Legal Services Authority, Bangalore, Nyaya Degula, Bangalore.
2. The first part of proceedings is in respect of an incident reported in English daily dated 26.7.2012 with reference to electrocution of a construction worker/labourer in a residential building under construction at Veerabhadranagar, which also resulted in injuries to two other workers. Initially, this proceedings was initiated suo motu, based on the news published in The Hindu, English daily in its edition dated 26.7.2012. Thereafter, N.Sunil Kumar Singh, Deputy Secretary of Karnataka State Legal Services Authority, Bangalore, on verification filed his report -: 3 :- dated 30.7.2012. On his submission of report, notice was issued to Secretary, Labour Department, Karnataka Building and Construction Labour Welfare Board represented by Labour Commissioner and Chief Executive Engineer of BESCOM.
3. After hearing the Amicus Curiae, learned Counsel, Sri.Umashankar and Sri.Joseph M.Annian it is found that pursuant to said incident a complaint is registered in Crime No.184/2012 with jurisdictional police, pursuant to which investigation is also taken up by the police. Meanwhile, in a proceedings initiated before the Labour Commissioner under the provisions of Karnataka Victim Compensation Scheme, 2011, the Labour Commissioner on conducting enquiry in to the matter, has adjudicated compensation payable to the legal representatives of deceased construction worker/labourer, namely Mallesh @ Doddamallappa, aged about 32 years, in the sum of Rs.3,94,120/- and the same is disbursed to the legal representatives of deceased. It is also brought to the notice of this Court by the learned Counsel Sri. Umashankar, Amicus Curiae in this proceedings that in -: 4 :- addition to the aforesaid compensation being given to the legal representatives of deceased labourer, compensation of Rs.75,000/- is also paid to each of the injured in said proceedings. It is further brought to the notice of this Court that pursuant to an investigation that was launched by the police 'B' report is filed in Crime No.184/2012. However, the fact that compensation is already paid to the family members of the deceased labourer and injured, it does not automatically absolve any one from the criminal liability, if any in causing this accident. Therefore, family members of deceased labourer and injured are at liberty to challenge the 'B' report, which is filed by the investigation officers in Crime No.184/2012 pending on the file of I ACMM Court, Bangalore, against the owner and contractor of the building, who may or may not be responsible for the incident.
4. As for the second incident, which is another subject matter of this proceedings, it is with reference to drowning of a boy aged about 2½ years in a six feet deep sump on a construction site in Ambedkar Colony in Vijayanagar Police Station Limits. It was based on paper clipping dated -: 5 :- 29.7.2012 and report was called for from the Legal Services Authority. Pursuant to that Sri.N.Sunil Kumar Singh, Deputy Secretary of Karnataka State Legal Services Authority has submitted his report on 2.8.2012 reporting in detail about the incident. According to said report, the minor boy, Pawan, aged about 2½ years, resident of A.K.Colony (Ambedkar Colony), Kodigehally, Bangalore-92, drowned in an open sump at a construction site, which was left unattended. The place of incident is a building under construction belonging to one Venkatesh s/o Narayanappa, resident of A.K.Colony (Ambedkar Colony), Kodigehally, Bangalore-92, wherein the construction of building was completed and painting work was going on. It is stated that on the left side corner of building, a sump of six feet depth was dug and it was later filled with water, which was not covered.
5. It is stated that said sump is situated in a common passage connecting neighbouring building, wherein the parents of deceased, Pawan, namely Manjunath and Meena, aged about 35 years and 25 years respectively were residing -: 6 :- along with their other children i.e., Anushree, aged about 5 years and another girl child aged about 7 months with the aged mother of Manjunath, namely Smt.Marakka. Incidentally, the father of deceased child, Manjunath though was a construction worker, was not working under any contractor. On the date of unfortunate incident, the child which was playing near the open sump, inadvertently went and fell in to the same, which was noticed and immediately child was taken out and was taken to hospital. However, on reaching hospital it was found that child was brought dead. In that behalf, a complaint is also lodged with police against the owner of the building, namely Sri.Venkatesh S/o Narayanappa, who is stated to be absconding.
6. In this proceedings also notice was issued to very same respondents i.e., Secretary, Labour Department, Karnataka Building and Construction Labour Welfare Board represented by Labour Commissioner and Chief Executive Engineer of BESCOM. The learned Counsel Sri.Umashankar M.N., who was appointed as Amicus Curiae stated that he has secured presence of the parents of deceased child and -: 7 :- that through them a petition would be lodged before the appropriate authority for securing compensation under Karnataka Victim Compensation Scheme, 2011.
7. The submission of Amicus Curiae Sri.Umashankar is placed on record in both the incidents. A direction is issued to the authorities to consider the application that would be submitted by the father of deceased minor child, Pawan for payment of compensation under the Karnataka Victim Compensation Scheme, 2011.
8. So far as electrocution case is concerned, since compensation is already paid to the legal representatives, it is open for them to challenge the 'B' report filed in Crime No.184/2012 pending on the file of I ACMM, Bangalore against the owner and contractor of the building in question.
Accordingly, this writ petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE nd.