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2016 DIGILAW 2330 (ALL)

Muhim v. State of U. P.

2016-07-06

MAHESH CHANDRA TRIPATHI, V.K.SHUKLA

body2016
JUDGMENT Muhim, a registered social organization, is before this Court esp.ousing the public cause by submitting that a high level independent and impartial enquiry be directed in the matter of death of two deceased sewerage workers and in pith and substance to ensure the enforcement of provisions as are contained under the Provisions of Employment as Manual Scavengers and their Rehabilitation Act, 2013. 2. This Court on 27.04.2016 took note of Section 7 of the aforementioned Act and proceeded to pass the following orders: - "Section 7 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 provides as follows: "7. Prohibition of persons from engagement or employment for hazardous cleaning of sewers and septic tanks.- No person, local authority or any agency shall, from such date as the State Government may notify, which shall not be later than one year from the date of commencement of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank." 3. The learned Standing Counsel shall apprise the Court of whether and if so, what date has been notified by the State under the provisions of Section 7. 4. The second aspect of the matter relates to compliance of the judgment of the Division Bench of this Court dated 20 May 2015 in Abhijit Chatterji & Ors Vs Union of India & Ors (PIL No.21728 of 2015) in which the following directions were issued: "We are of the view that the Jal Nigam must strictly enforce the applicable rules and regulations framed by the Union and the State Governments in regard to the working conditions of the workmen. Every contract which the Jal Nigam enters into with the contractor must make sufficient provisions for providing protective equipment to the workmen and conditions to ensure that all hazards arising out of such work are duly obviated. The Jal Nigam must take all necessary steps to ensure that contractual conditions which are framed are duly enforced by the contractors. Such workers generally belong to the unorganised sector. They are unaware of their rights and are generally semi literate. They have no bargaining capacity and the price of a complaint is the loss of employment and livelihood. The Jal Nigam must take all necessary steps to ensure that contractual conditions which are framed are duly enforced by the contractors. Such workers generally belong to the unorganised sector. They are unaware of their rights and are generally semi literate. They have no bargaining capacity and the price of a complaint is the loss of employment and livelihood. The Jal Nigam which has large contracts must frame a proper Scheme and formulate adequate contractual conditions to safeguard the conditions of work and safety of the workers. Those conditions must be scrupulously and strictly enforced and stringent action must be taken against errant contractors. The Jal Nigam must ensure that the workmen have protective equipment supplied by the contractors. Necessary protocols for ensuring safety shall be formulated and enforced. This exercise shall be completed in four months." We direct the second and fourth respondents to file short counter affidavits in this matter within a period of three weeks from today. List under the same caption on 19 May 2016." 5. On the matter being taken up today, a short counter affidavit has been filed on behalf of the Respondent No.6 and therein a mention has been made of the fact that in terms of the agreement an amount of Rs.2,00,000/- in cash and a cheque of Rs.8,00,000/- has been paid, a copy of receipt has been filed as Annexure-8 to the counter affidavit. A fact has also been mentioned that an enquiry was conducted in the matter and therein negligence has been reported to be of M/s Sharma Construction Company. 6. Once such is the factual situation so emerging in the present matter and this much is reflected from the record in question that Section 7 of the Act, 2013 stands enforced in the State of U.P. then as on today, effect and consequence of the same is that no authority or agency is entitled to engage any person in hazardous cleaning of a sewer or a septic tank.This Court in the case of Abhijit Chatterji & Ors. Vs. Union of India & Ors. (PIL No.21728 of 2015) has clearly proceeded to give directives to the effect that the provisions of said Section in question should be complied with in its word and spirit. 7. Vs. Union of India & Ors. (PIL No.21728 of 2015) has clearly proceeded to give directives to the effect that the provisions of said Section in question should be complied with in its word and spirit. 7. Consequently, we proceed to pass order asking the authorities on the spot to enforce the provisions of Section 7 of the Act, 2013 in its word and spirit, as has been reiterated in the Division Bench judgement of the Court in Abhijit Chatterji & Ors. Vs. Union of India & Ors. (PIL No.21728 of 2015). The provisions of prohibition of employment as manual scavenger and their rehabilitation is self contained Act, wherein it has been provided that no person, local authority or any agency shall engage, either directly or indirectly, any person for hazardous cleaning of a sewer. In the said Act, obligation and punishment has also been provided for as would be reflected from the perusal of the provisions as are contained in Sections 6, 7, 8, 9 & 10 of the Act, 2013. In case, there are instances wherein provisions of Section 5, 6, 7 & 8 has been breached, it is always open to the incumbent to pursue remedy available under the Act, 2013. With the above direction, the writ petition stands disposed of. This order in question has been passed with due assistance of Sri V.K. Rai, Sri Manu Ghildiyal and Ms. Smriti Kartikey.