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2016 DIGILAW 2645 (MAD)

SUO-MOTU v. Government of Tamil Nadu

2016-08-02

M.M.SUNDRESH, SANJAY KISHAN KAUL

body2016
ORDER : SANJAY KISHAN KAUL The present petition is a suo-motu proceedings taken up arising from the orders passed by the Hon'ble Supreme Court in W.P.(Civil) No.79 of 2005, dated 31.01.2014 (Occupational Health and Safety Association v. Union of India and others). In the operative portion, the order of the Hon'ble Supreme Court is as under:- “19. Report of National Institute of Occupational Health (NIOH) titled Environment, Health and Safety Issues in Coal Fired Thermal Power Plants of the year 2011 may be made available by the Secretary General of the Supreme Court to the Registrar Generals of the High Courts of the aforesaid States. We make it clear that the Report is not at all comprehensive in certain aspects and the respective High Courts can examine the issues projected in this Judgment independently after calling for the reports about the CFTPPs functioning in their respective States. The Registrar Generals of High Courts of the aforesaid States should place this Judgment before the Chief Justices of the respective States so as to initiate Suo Motu proceedings in the larger interest of the workers working in CFTPPs in the respective States.” 2. In view of the aforesaid, the following directions to the respondents were sought for:- (a) To frame guidelines with respect to occupational safety and health regulations to be maintained by the various industries. (b) To appoint and to constitute a Committee for the monitoring of the working of Thermal Power Plants in Tamil Nadu and to keep a check on the health and safety norms for the workers working in their Power Stations. (c) To pay compensation to the workers who are victims of occupational health disorders and to frame a scheme of compensation for the workers in cases of occupational health disorders. (d) To notify the recommendations filed by the Occupational Health and Safety Association before the Hon'ble Supreme Court of India in WP (Civil) No.79 of 2005 and the guidelines to be followed by the Thermal Power Plants. 3. The counter-affidavit has been filed by different departments of the State Government/first four respondents setting out the stand in respect of the aforesaid aspects. In a nutshell, what is stated is that the mechanism in respect of all the aspects is already in existence under different Acts and Rules and action was being taken in pursuance thereof. 4. 3. The counter-affidavit has been filed by different departments of the State Government/first four respondents setting out the stand in respect of the aforesaid aspects. In a nutshell, what is stated is that the mechanism in respect of all the aspects is already in existence under different Acts and Rules and action was being taken in pursuance thereof. 4. Respondent No.6/TANGEDCO states that there is compliance of the recommendations with regard to the Occupational Health and Safety Association and measures. The relevant portion as contained in Paragraphs 4 to 13 are extracted below:- 4. I further submit that regarding the compliance of the recommendations with regard to the Occupational Health and Safety Association and measures which are being followed, are submitted as follows:- a. The Safety Officers are available in all the four Thermal Power Stations. In fact a safety committee had been constituted with equal representation of employer and employees and the Safety Committee meeting and adequate awareness programmes are being conducted periodically to all the employees of the above four Thermal Power Stations. The Safety week is celebrated every year during the month of March. All the four Thermal Power Stations are registered Corporate Members of National Safety Council, Mumbai and Membership is being renewed annually. b. The Pollution is being monitored and housekeeping is maintained in a good condition so as to maintain industrial healthiness and keep the health of the employees in good condition. c. The comprehensive medical check up inclusive of pulmonary function test, lung function test, X-rays etc. have been taken in all the four Thermal Power Stations. Repeated instructions are being issued to expedite the process in order to maintain periodical health check up with regard to the employees of the said four Thermal Power Stations. d. All the employees of the Thermal Power Stations are covered under Health Insurance Scheme undertaken by the Government of Tamil Nadu as far as Health Insurance coverage, is concerned. e. The Adequate Dispensaries and Hospitals with sufficient Doctors, Ambulance and supporting staff are maintained in all the four Thermal Power Stations so as to attend the health measures of the employees of the four Thermal Power Stations. f. The fire extinguishers are placed in proper places in all the said four Thermal Power Stations as per the Tamil Nadu Fire Service Rules. f. The fire extinguishers are placed in proper places in all the said four Thermal Power Stations as per the Tamil Nadu Fire Service Rules. g. The Adequate Fire Tenders are maintained in all the said four Thermal Power Stations together with required staff. h. The dust suppression system is maintained in good condition in all the said four Thermal Power Stations. i. The dust extraction system is maintained in good condition in all the said four Thermal Power Stations. j. All the safety measures are being followed in all the said four Thermal Power Stations and the dry ash is being transported in closed containers. The equipments from electrostatic precipitators to silos are being maintained in good condition in all the said four Thermal Power Stations. k. The Adequate emergency kit box to attend chlorine gas leak, self contained breathing apparatus, canister gas mask, safety showers (body & eye), Trolley mounted breathing apparatus etc., are being maintained in good condition in all the four Thermal Power Stations. The personal protective equipments like helmet, gloves, face mask, goggles etc., are being provided to all the employees in the said four Thermal Power Stations. l. The safety audit is taken up in all the four Thermal Power Stations. The repeated instructions are issued to speed up the process and furnish the reports periodically and necessary follow up is done by the Office of the Chief Engineer/Mechanical/Thermal Stations. 5. I further submit that the comprehensive medical check up for all the employees are taken up in all the four Thermal Power Stations regularly. 6. I further submit that free and comprehensive medical treatment is provided to all the workers who are found to be suffering from occupational disease, ailment or accident, until cured or until death and no one has been terminated so far. 7. I further submit that the services of the workmen in all the four Thermal Power Stations are neither being terminated nor ousted during illness and are being treated as if on duty and I further state that no case of occupational disease has been reported so far. 8. I further submit that no case of occupational disease had been reported so far and hence the question of payment of compensation does not arise. 9. 8. I further submit that no case of occupational disease had been reported so far and hence the question of payment of compensation does not arise. 9. I further submit that adequate emergency kit box to attend chlorine gas leak, self contained breathing apparatus, canister gas mask, safety showers (body & eye), Trolley mounted breathing apparatus etc., and the personal protective equipments like helmet, gloves, face mask, goggles etc. are provided in good condition in all the four Thermal Power Stations and utilized by all the workers of the said four Thermal Power Stations. 10. I further submit that strict control measures are being adopted for the control of dust, heat, noise, vibration and radiation as recommended by the National Institute of Occupational Health (NIOH), Gujarat. 11. I further submit that dust suppression and dust extraction system are kept in good condition to protect the employees of the four Thermal Power Stations. 12. I further submit that all the employees of the four Thermal Power Stations are abiding the Code of Practice on Occupational Safety and Health Audit. The Safety Audit is being conducted in all the four Thermal Power Stations by outsourcing. 13. I further submit that the safe methods are being followed in handling, collection and disposal of hazardous waste as recommended by NIOH. I further submit that all the safety measures are being adopted and the Dry Ash is being transported only in closed containers and the Operation and Maintenance equipments from electrostatic precipitators to Silos are being maintained in good condition in all the four Thermal Power Stations. Hence the direction given in the above referred writ petition is being sincerely complied with. 5. The learned counsel for respondent No.5 states that they will continue to play their role in the inspection required to be done by the Tamil Nadu Pollution Control Board. 6. In view of the aforesaid position, no further directions are required in this matter and the petition is closed. No costs.