Chattisgarh High Court
Laxminarayan Dewangan vs State Of Chhattisgarh on 15 September, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 87 of 2016
In Reference Of Court On Its Own Motion versus State Of
Chhattisgarh
WPPIL/98/2016,WPPIL/110/2017
Order Sheet
15.09.2025 This is an office reference.
Heard Mr. P.R. Patankar (Amicus Curiae), Ms. Aditi
Singhvi and Mr. Sanjay Agrawal (Amicus Curiae), learned Court
Commissioners appointed by the Court.
Also heard Mr. Yashwant Singh Thakur, learned Deputy
Advocate General for respondent / State, Mr. Rajeev
Shrivastava, learned Senior Advocate along with Mr. Anuroop Panda, Mr. Y.C. Sharma. Learned Senior Advocate along with Mr. Sachin Nidhi and Mr. Anjay Mishra, Mr. Anirudh Tiwari, Mr. Ankit Singhal and Mr. Ashish Mittal, Ms. Harneet Kaur on behalf of Mr. Sourabh Sharma, Mr. Rahul Ambast, learned counsels for 2 / 20 respective respondents.
In compliance to the Court's order dated 19.03.2025, Mr. Sanjay Kumar Agrawal, Court Commissioner has filed his compliance report, relevant para of which are quoted hereibelow:
"1. That in compliance of Hon'ble Courts order dated 19.03.2025 the inspection has been conducted on 04.05.2025, 21.06.2025, 28.06.2025 and 05.07.2025 in various Coal Based Thermal Power Plants comprising with the Additional Advocate General Shri Ashish Shukla, Court Commissioner Sanjay Kumar Agrawal, C.E.O. Jila Panchayat, Shri Kumar Biswaranjan, Certifying Surgeon, Dr. Sukhsagar Tiwari and Assistant Director Mr. Vivek Chelkar, Industrial, Health and Safety. The copies of minutes of inspection dated 04.05.2025, 21.06.2025, 28.06.2025 and 05.07.2025 are being collectively annexed herewith as ANNEXURE D/1.
2. That the details of inspection report in the form of chart reads as under for the kind perusal of this Hon'ble High Court:-
Sr. No. Power Inspection Number Report Occupational Plants date of awaited disease found Workers
1. Adanti 04.05.25 1498 Awaited 3 / 20 Power tests are (Raikheda) under in process
2. Jayaswal 21.06.25 161 Awaited Neco (14 tests are MW) under in (Raipur) process
3. Jayaswal 21.06.25 99 Awaited Neco (15 tests are MW) under in (Raipur) process
4. Godawari 21.06.25 45 completed 15 workers found Power (11 Refractive error MW) (Eye problem) 4 (Raipur) workers found moderate hearing loss
5. Jagdamba 21.06.25 149 Awaited Power tests are (Raipur) under in process (due to rush in Govt.
Hospital)
6. Mivaan 28.06.25 149 completed 5 workers found Steel hypermet-ropia (Raipur) (distance vison problem) 4 workers found ear disease.
7. Hira Fero 28.06.25 98 Test of 27 6 workers found 4 / 20 (Raipur) workers Sensorineural are hearing loss 14 completed workers found Test of 71 refractive error workers are partially pending
8. Hira Power 28.06.25 69 Test of 20 2 workers found (Raipur) workers mild high are frequency hearing completed loss 4 workers Test of 49 found fatty liver workers grade-1 are partially pending
9. Alok Fero 28.06.25 79 Test of 33 2 workers found (Raipur) workers high frequency are hearing loss completed 1 worker found Test of 46 moderate workers conductive are hearing loss partially 4 workers pending found refractive error 10 workers found fatty liver grade-1
10. Hi-Tech 05.07.25 100 completed 4 workers Power found mild 5 / 20 (Raipur) hearing loss 4 worker found refractive error 2 workers found calcified granuloma in liver 1 worker found GB Calculus.
1 worker found Solitary Kidney 4 workers found fatty liver grade-2
11. Ultratech 05.07.25 30 completed 1 worker found Cement mild hearing loss (Baikunth) 4 workers found refractive error
3. That it is pertinent to mention here that, at the time of inspection, various power companies' management informed to the inspection team regarding that medical checkup/diagnose are under in process and some reports are awaited from the government hospital and MCHR Raipur.
4. It is respectfully submitted that, to the best of my ability and strength I have duly inspected and 6 / 20 diagnosed reports/medical test reports in support of the learned Additional Advocate General, certifying surgeon and other officers appointed by this Hon'ble Court. It is also respectfully submitted that the work has been done in compliance of the order passed by this Hon'ble Court is hereby reflected in the form of chart which is mentioned above and minutes of inspection date wise which are annexed."
Perusal of the report goes to show that while the overall conditions at the sites are now broadly satisfactory and no occupational diseases such as silicosis, asbestosis, pneumoconiosis or tuberculosis have been detected, a significant number of employees are suffering from lifestyle-
related ailments including diabetes, hypertension, dyslipidemia, high cholesterol and vision-related problems. The report also highlights that in several establishments, Annual Medical Examinations are still being conducted through outsourcing agencies, which is contrary to the directions issued.
Consequently, the inspecting authority has recommended that such examinations must hereafter be carried out only through Government Hospitals, ESIC Hospitals or hospitals with which 7 / 20 the companies have valid tie-ups for treatment.
In compliance to the Court's order dated 19.03.2025, Ms. Aditi Singhvi, Court Commissioner has filed an inspection report, conclusion of which is reproduced as under:
"In the first round of inspection, it was found that there was incorrect, false and causal reporting by the plants which was major reason for non- reporting of occupational diseases. Private Diagnostic Centres were giving frivolous reports which was leading to false diagnosis and non-reporting of diseases which requires strict action. The same has been cured by the Plants by either changing the Third party Diagnostic Centres or by getting the tests done by the Government Hospitals.
All the plants have been advised that in future they shall get the audiological evaluation of the employees working in CFTPP from the District Hospital, Raigarh or any other Government Hospital and in case any hearing loss, of any degree, is found, the employees shall be shifted to appropriate work areas with less noise and vibrations.
Some plants earlier did not have Occupational Health Centre and Ambulances as per norms, however, during the present inspection it was found that the Occupational Health Centres of all the plants were in working condition with adequate Medical 8 / 20 Staff and all the plants had Ambulances.
That, the report submitted by the State Government shows that that the irregularities and non-compliances of the Factories Rules has been cured and the plants have been penalized as per law for the non-compliances. The contents report of the State Government has been found to be correct and acceptable."
Perusal of the conclusion of the report goes to show that the earlier irregularities and non-compliances on the part of the power plants have now been substantially cured. The inspection team has confirmed that Occupational Health Centres are functional, ambulances are available, medical staff is in place, and diagnostic tests are being shifted to Government Hospitals in compliance with the directions of this Hon'ble Court. It also reflects that penalties have been imposed on the defaulting plants for past violations, and necessary remedial measures have been initiated to prevent recurrence.
In compliance to the Court's order dated 19.03.2025, Mr. P.R. Patankar (Amicus Curie), has filed his compliance report, relevant paragraphs of which are quoted hereinbelow:
9 / 20"1. As per the directions myself along with Asstt Collector Durg, Mr. Ranvir Singh Marhas Additional Advocate General, Mr. Sourabh Pandey Deputy Advocate General, Mr. Ashutosh Pandey Deputy Director Industrial Health & Safety along with Shri Dinesh Prasad Marskole Deputy Director Industrial Health & Safety Department Rajnandgaon visited the Coal Fired Thermal Power Plants (CFTPPs) on different dates i.e. on 03.05.25, 19.05.25, 20.05.25,
05.07.25, 19.07.25 and upon examination of Form 21of the factory Act it was revealed that most of the Power Plants are conducting their Annual Medical Checkup through outsourcing agencies and the report given by Outsourcing Private Agency and I have advised them to get the Annual Medical checkup of employees through Government Hospitals or by ESIC Hospitals or from the hospitals in which the power plants are having tie up for the further treatment and upon visit to all the nine (9) Coal Fired Thermal Power Plants the earlier report was prepared by me which was submitted on 28.10.23 and thereafter pursuant to direction of this Hon'ble Court after my second visit to Coal Fired Thermal Power Plants the report prepared which is as under :-
TOP WORTH STEEL & POWER PRIVATE LIMITED
1. Top Worth Steel & Power Private Limited situated at Borai Industrial Growth Centre, Rasmada District Durg 10 / 20 (C.G.) having 15 Megawatt Capacity of Captive. Power Plant and total 99 employees were actually working in the Thermal Power Plant and on visit to power plant on 19.07.25 one doctor having qualification of AFIH is appointed as Factory Medical Officer along with 7 paramedical staff and after examination of Form 21 it was revealed that 25 employees were having life style diseases like diabetes, hypertension, dyslipdeamia but none of the employees had occupational health diseases and the things and anomalies which were observed in the last inspection visit of 2023 the things have improved as such looking to the situation the Top Worth Steel and Power Private Limited Company was directed to conduct Annual Medical Examination of 99 employees working in Coal Fired Thermal Power Plant by Government Hospitals or the hospitals in which they have tie up of treatment and not through outsourcing private agencies and all the form 21 which were submitted were duly certified by Certifying Surgeon duly appointed by the State Government But no patient was found to be having silicosis, asbestosis, pneumoconiosis or tuberculosis.
CREST STEEL AND POWER PRIVATE LIMITED
2. Crest Steel and Power Private Limited situated at Village Joratarai P.O. Mangatta District Rajnandgaon (C.G.) having 16 Megawatt Capacity of Power Plant 11 / 20 and total 92 employees were working in the Thermal Power Plant and after examination of Form 21 it was revealed that the power plant had one Doctor appointed as Factory Medical Officer having qualification of AIFH and 7 paramedical staff and out of 92 employees 38 employees had different life style diseases like diabetes, hypertension, dyslipdeamia and two employees had mild hearing loss but none of the employees were found to be having occupational health hazard and all the form 21 which were submitted were duly certified by Certifying Surgeon duly appointed by the State Government. But no patient was found to be having silicosis, asbestosis, pneumoconiosis or tuberculosis.
RAIPUR POWER AND STEEL LIMITED
3. Raipur Power and Steel Limited situated at Borai Industrial Growth Centre, Rasmada District Durg (C.G.) having 13 Megawatt Capacity of Power Plant and total 158 employees were presently working in the Thermal Power Plant and after examination of Form 21 it was revealed that that the power plant had one doctor appointed as Factory Medical Officer having qualification of AIFH and other 2 doctors were not having the qualification of AIFH and they gave assurance that they will complete the course and would obtain the qualification of AIFH by completing the 12 / 20 course. Further the occupational health centre had 5 paramedical staff and out of 158 employees 101 employees had different life style diseases like diabetes, hypertension, dyslipdeamia and 7 employees had vision problem and many employees had issue of Hyper Cholesterolemia and some had also cardiac related issues but none of the employees were found to be having occupational health hazard and all the form 21 which were submitted were duly certified by Certifying Surgeon duly appointed by the State Government and no employee was found to be having silicosis, asbestosis, pneumoconiosis or tuberculosis and the employees who have been detected with the above medical issues have been referred for further treatment.
JAI BALAJI INDUSTRIES LIMITED
4. Jai Balaji Industries Limited situated at Borai Industrial Growth Centre, Rasmada District Durg (C.G.) having 13 Megawatt Capacity of Power Plant and at present total 75 employees were working in the Captive Power Plant and after examination of Form 21 it was revealed that the same was verified by the Factory Medical Officer Dr. Simi Maloo and the doctor appointed as Factory Medical Officer was having qualification of AIFH Further the occupational health centre had 7 paramedical staff and out of 75 employees 5 employees had different life style 13 / 20 diseases like diabetes, hypertension, related issues but none of the employees were found to be having occupational health hazard and all the form 21 which were submitted were duly certified by Certifying Surgeon duly appointed by the State Government and no employee was found to be having silicosis, asbestosis, pneumoconiosis or tuberculosis and the employees who have been detected with the above medical issues have been referred for further treatment.
J.K.LAXMI CEMENT
5. J.K.Laxmi Cement situated at Malpuri Khurd Ahiwara District Durg (C.G.) having 33 Megawatt Capacity of Captive Power Plant and at present total 85 employees were working in the Captive Power Plant and after examination of Form 21 it was revealed that the same was verified by the Factory Medical Officer and the Annual Medical Examination was conducted by Outsourcing Agency as such looking to the situation J.K.Laxmi Cement was directed to conduct Annual Medical Examination of 85 employees working in Coal Fired Thermal Power Plant by Government Hospitals or the hospitals in which they have tie up of treatment or at ESIC hospitals and not through outsourcing private agencies that out of 85 employees 48 employees were having different life style' diseases like abnormal BMI, High Cholesterol some had Dyslipidemia and all the 14 / 20 form 21 which were submitted were duly certified by Certifying Surgeon duly appointed by the State Government But no patient was found to be having silicosis, asbestosis, pneumoconiosis or tuberculosis the employees who have been detected with the above medical issues have been referred for further treatment.
CHHATTISGARH DISTILLERY LIMITED UNIT-1 KUMHARI
6. Chhattisgarh Distillery Limited situated at Kumhari District Durg (C.G.) having 03 Megawatt Capacity of Power Plant and at present total 34 employees were working in the Thermal Power Plant and after examination of Form 21 it was revealed Power Plant had one doctor having qualification of AIFH and the occupational health centre had 7 paramedical staff and the form 21 of all the employees was verified before being signed by the Factory Medical Officer and the Annual Medical Examination was conducted by Outsourcing Agency as such looking to the situation Chhattisgarh Distillery Limited was directed conduct Annual Medical Examination of 85 employees working in Coal Fired Thermal Power Plant by Government Hospitals or the hospitals in which they have tie up of treatment or at ESIC hospitals and not through outsourcing private agencies that out of 34 employees 25 employees were having different life style diseases 15 / 20 like abnormal BMI, High Cholesterol some had Dyslipidemia and 5 employees had Reduced Visual Acuity. All the form 21 which were submitted were duly certified by Certifying Surgeon duly appointed by the State Government But no patient was found to be having silicosis, asbestosis, pneumoconiosis or tuberculosis the employees who have been detected with the above medical issues have been referred for further treatment.
ACC LIMITED NOW ADANI CEMENT WORKS
7. ACC Limited, Jamul Cement Works, Jamul, Nandini Road Bhilai, District Durg (C.G.) having 59 Megawatt Capacity of Power Plant and at present total 103 employees were working in the Coal Fired Thermal Power Plant and after examination of Form 21 it was revealed that the same was personally filled by the Factory Medical Officer who was M.B.B.S. and AFIH and the Annual Medical Examination was conducted by them without any Outsourcing Agency and after examination of Form 21 was satisfied that prima facie there was no anomaly in Form 21 filled by the Factory Medical Officer and each of the patient was examined personally by the Factory Medical Officer and out of 103 employees 35 employees were having different life style diseases like abnormal BMI, High Cholesterol some had Dyslipidemia and diabetes. All the form 21 which were submitted were duly certified by Certifying 16 / 20 Surgeon duly appointed by the State Government But no patient was found to be having silicosis, asbestosis, pneumoconiosis or tuberculosis the employees who have been detected with the above medical issues have been referred for further treatment.
NSPCL SAIL POWER COMPANY LIMITED UNIT II
8. NTPC SAIL Power Company Limited Power Plant-II BSP premises, Bhilai District Durg (C.G.) having 74 Megawatt Capacity of Power Plant and at present total 493 employees were working in the Thermal Power Plant and after examination of Form 21 it was revealed that the same was duly verified by the Factory Medical Officer who was M.B.B.S. A.F.I.H. and the Occupational Health Centre had 7 paramedical staff and the Annual Medical Examination was conducted by Outsourcing Agency but such looking to the situation NSPCL Unit II was directed conduct Annual Medical Examination of 493 employees working in Coal Fired Thermal Power Plant by Government Hospitals or the Sector 9 hospitals in which they have tie up of treatment or at ESIC hospitals and not through outsourcing private agencies. Out of 493 employees 94 employees were found to have life style diseases and they were referred for further treatment at JLN Hospital Sector -9 Bhilai for further treatment and their treatment is in progress. But no patient was found to be having silicosis, asbestosis, 17 / 20 Pneumoconiosis or tuberculosis.
NTPC SAIL POWER COMPANY LIMITED BHILAI UNIT I
9. NTPC SAIL Power Company Limited Expansion Project situated at Bhilai East Bhilai District Durg (C.G.) having 500 Megawatt Capacity of Power Plant and at present total 1224 employees were working in the Thermal Power Plant and after examination of Form 21 it was revealed that the same was duly verified before being signed by the Factory Medical Officer and upon going through Form 21 it was revealed that the occupational health centre had 2 doctors having A.F.I.H. qualifcation and the Occupational Health Centre had 6 paramedical staff the Annual Medical Examination was conducted by Outsourcing Agency as such looking to the situation NTPC SAIL Power company Limited was directed to again conduct Annual Medical Examination of 1224 employees working in Thermal Power Plant and out of 1224 employees 135 employees were having different life style diseases of Anemia, Diabeties, Hypertension many were having issues of catractBut no patient was found to be having silicosis, asbestosis, neumoconiosis or tuberculosis and the employees who have been detected with the above medical issues have been referred for further treatment."
18 / 20Perusal of the report goes to show that most of the Coal Fired Thermal Power Plants are generally compliant with statutory provisions under the Factories Act, 1948, in so far as appointment of Factory Medical Officers and submission of Form-21 duly certified by the State Government Certifying Surgeon is concerned. However, certain deficiencies were also noticed. A common irregularity is that several power plants continue to rely on outsourcing agencies for conducting the Annual Medical Examination of employees, which does not deviate to the intent of law and the directions issued by this Court.
It further emerges from the report that a substantial number of employees across different plants are suffering from lifestyle diseases such as diabetes, hypertension, dyslipidemia, hyper-cholesterolemia, and vision-related ailments. These conditions, though not occupational in nature, require regular monitoring and timely treatment.
Encouragingly, no case of occupational diseases such as silicosis, asbestosis, pneumoconiosis, or tuberculosis has been detected in any of the nine inspected power plants.
19 / 20The report also reflects that wherever deficiencies were noticed, the concerned units were issued specific directions to henceforth conduct Annual Medical Examinations only through Government Hospitals, ESIC Hospitals, or hospitals with which they have established treatment tie-ups, and not through private outsourcing agencies. Moreover, employees who were found to be suffering from various ailments have been duly referred to appropriate hospitals for further medical management.
As such, the Court Commissioners submit that the conditions in the aforesaid establishments are now by and large satisfactory. However, certain further steps have been suggested for improving the service conditions of the employees and ensuring stricter compliance with statutory requirements.
In view of the same, learned State counsel is directed to ensure that the suggestions which have been given by the Court Commissioners in their report shall be taken into care and proper implementation and steps would be taken and brought on record by means of affidavit by Secretary, 20 / 20 Department of Labour.
Also, the respective factories shall also take necessary steps for the suggestions and the improvement as has been suggested by the Court Commissioners in their return and they shall also filed their affidavits.
List the matter again on 14.11.2025.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Manpreet