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"We accordingly request Hon‟ble Dr. Justice S. Muralidhar, a Judge of this Court, to donate some of his valuable time beyond Court hours in an attempt to find out a workable solution to the problem in consultation with all concerned including experts, if any on the subject. The parties shall appear before Dr. S. Muralidhar, J. on Saturday the 18th August, 2007 at 11.00 a.m. in His Lordships chamber."

3. Thereafter, fairly elaborate detailed hearings were held by Dr. S. Muralidhar, J. on 18th August, 2007, 22nd September, 2007 and 1st December, 2007. Although a number of issues have been highlighted by the petitioner, the issues that have been considered on priority basis include: (a) deaths of the sewer workers, (b) their health and safety, (c) the steps to prevent recurrence of deaths and injuries of the sewer workers and to improve their working conditions (d) the compensation if any paid for the deaths of the workers in the course of their employment, and (e) the steps to be taken to phase out manual work and replace it with mechanized sewer cleaning. By order dated 5th April, 2008, which is in the form of a report, magnitude of the problem has been noted with reference to the affidavit dated 4th April, 2008 of Delhi Jal Board (DJB) wherein it is mentioned that "the infrastructure in the National Capital comprises a network of 6150 kms long sewers. Out of this 150 kms is the length of trunk sewers, 1500 Kms is the length of peripheral sewers and 4500 kms is the length of internal sewers. The sewer network is connected to 17 Sewage Treatment Plants, having a composite capacity of 512.4 MGD. Besides, there are 33 major Sewage Pumping Stations located at various locations to pump the sewage wherever required." It was noted that at present 3923 permanent workers are employed against 4171 sanctioned posts. In addition there are 1403 muster roll workers. Apart from these workers, contract labour is also engaged from time-to-time. It was further noted that although guidelines on safety have been issued by DJB in November, 2002, they are being observed more in its breach and the DJB is not serious about the implementation of its own safety guidelines. It was further noted that so far as DJB is concerned there have been a total of 36 deaths of sewer workers since 2002 out of which 30 were contract workers and 6 were in regular employment. It was also noted that in spite of repeated directions, DJB has failed to conduct inquiries into the deaths and injuries of sewer workers. It was noted that there are many aspects of the matter that will require further monitoring to ensure that real changes are brought about in the working conditions of sewer workers. In particular the liability of the DJB and the contractors under the CLRA and their liability to pay compensation under the WC Act (as amended in 2002) will have to be examined. Even while a workable scheme of remedial measures is formulated, the reasons for the deaths of the sewer workers and for the failure of the DBJ and its contractors to comply with the 2002 guidelines must be unearthed for which the DJB has to honour its commitments to the Court with all seriousness.

(e) The respondents shall pay/insure payment of all statutory dues such as Provident Fund, Gratuity and Bonus to all the sewer workers, including contract workers, as applicable in law.

(f) The respondents shall provide as soon as possible modern protective equipments to all the sewer workers in consultation with the petitioner organisation.

(g) The respondents shall provide soap and oil to all the workmen according to the present quota, but on monthly basis and not at the end of the year.

(i) The respondents shall provide all workman, including contract workmen, with an accident-card-

cum-wage-slip as set out in Clause 8 of the C.P.W.D./PWD (DA)/Delhi Jal Board Contractors Labour Regulations (for short "Labour Regulations").

(j) The respondents shall provide all workers, including contract workers, employment cards as set out in Clause 9 of the Labour Regulations and, on termination of services provide the contract workers and others with a service certificate as set out in Clause 10 of the Labour Regulations.

(k) The respondents shall authenticate by signing the payment of wages register for contract workers in terms of Clause 5 of the Labour Regulations.

(l) The respondents shall submit to this Court and to the petitioner within four weeks from today the full list of contract workers and contractors engaged for work relating to the sewers together with the wages paid to such workmen and the number of years of employment of the workers.