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1991 DIGILAW 437 (SC)

M. C. Metha v. State of Tamil Nadu

1991-08-14

KULDIP SINGH, RANGANATH MISRA

body1991
JUDGMENT : 1. In a disposed of case, we took suo moto proceedings when the information about the fortunate accident in one of the Sivakasi cracker factories was published. Pursuant to the notice issued to the Tamil Nadu Government a detailed counter affidavit has been filed which places the total number of deaths at 39. 2. In the final order which we had made by way of a Scheme we had required the Tamil Nadu Government to ensure that every worker in every cracker factory located within the area should be insured for a sun of Rs.50,000/- at the cost of the employer. The affidavit indicates that such insurance had been effected and in respect of the 39 people who are dead, the insurers are agreeable to pay Rs.50,000/- per person. National Insurance Company is said to have been the Insurer. We direct that the names of the 39 dead people shall be published in two local papers having wide circulation in Sivakasi area for two consecutive days within ten days from today. The Insurers are directed to deposit with the District Judge Kamraj payment for 39 dead persons by way of cheques, if the names of the heirs are known or by a consolidated bank draft in favour of the District Judge of the entire amount. The District Judge is directed to identify the heirs of the deceased workmen and distribute the amounts to the rightful persons entitled to the amounts. For that purpose if any enquiry is necessary, he is authorised to institute the same, we would like to impress upon the District judge to make the payment as far as practicable, in case there is no contest within a week of deposit and in case there is a contest, within two months from the date of deposit. 3. Apart from this payment by the Insurer, counsel for the State of Tamil Nadu had told us that to the heirs of each of the deceased, a sum of Rs.10,000/- has been paid out of Chief Minister's Relief Fund. This is not disputed. 4. It is stated that though our Scheme did not permit children to be employed in the factory area excepting the packing portion, it may be that some of the deceased who died inside the factory might have been children. This is not disputed. 4. It is stated that though our Scheme did not permit children to be employed in the factory area excepting the packing portion, it may be that some of the deceased who died inside the factory might have been children. It is difficult at this stage to institute an enquiry as to what was the age of the people who died; but for future as a general direction we are prepared to call upon the employers to maintain a list of employees indicating their age in their Registers and we would require the Public Officer concerned immediately after an accident of this type happening, to verify the names of the dead people with reference to the age indicated and also to enquire as to whether the place of employment was within the permissible area in the case of a child being involved in the accident. 5. We are told that apart from the dead people whose number has been placed at 39, some employers have been insured; their number and the nature of injuries suffered are difficult for us to decide. Though there are some allegations we would require the Tamil Nadu State Legal Aid and Advice Board to take over the enquiry of this aspect immediately and fix up a reasonable compensation for them. Instead of allowing these to be taken up as regular Court proceedings under The Workmens' Compensation Act with insurance coverage, we direct that this should be settled up by the Tamil Nadu Legal Aid Board by intervention and on reciprocal basis and insurers may be made to pay their amounts within six weeks from today. The Secretary of the Board should rake the personal responsibility of ensuring compliance of this direction and make a report to our Registry that this has been worked out. 6. The Scheme as framed by us was confined to four Districts. Mr. Jian who was incharge of formulating the Scheme on behalf of the Supreme Court Bar Association has now suggested to us that it should be extended to the whole State of Tamil Nadu and it should be considered at an appropriate stage about its extension to the entire country. For the time being with the consent of the Standing Counsel for the State of Tamil Nadu the Scheme stands extended to the whole State of Tamil Nadu. For the time being with the consent of the Standing Counsel for the State of Tamil Nadu the Scheme stands extended to the whole State of Tamil Nadu. Three months' time is granted to implement its application. 7. We are told that there have been Committees as indicated in our Scheme in respect of the four districts. There shall be direction to each Committee to make its Report within one month from today. 8. We are of the view that an Advocates' Committee from this Court's bar should be allowed to inspect this area. The Committee shall include Mr. R.K. Jain, Senior Advocate, Ms. Indira Jaising, Senior Advocate and Mr. K.C. Dua, Advocate. State of Tamil Nadu is directed to deposit a sum of Rs.20,000/- within two weeks from today to meet the expenses. The Committee should go over as early as possible, visit Sivakasi factories and such other places in the four districts referred to in our Scheme and make a comprehensive Report meeting every aspect of the matter relevant to the Court's scheme. 9. List the matter again after the Report is received.