High Court Of Karnataka vs Union Of India
2021 Latest Caselaw 3149 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF AUGUST, 2021

                        PRESENT

       THE HON'BLE MR.JUSTICE ARAVIND KUMAR

                          AND

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

               W.P.No.18321/2014 (L-RES)

BETWEEN:

HIGH COURT OF KARNATAKA,
BANGALORE, REPRESENTED BY ITS
REGISTRAR (JUDICIAL)                     ... PETITIONER

(SUO MOTO V/O DATED 16.10.2015,
SRI. ADITYA SONDHI AS AMICUS CURIAE;)

AND:

1.     UNION OF INDIA,
       MINISTRY OF COAL,
       SHASTRI BHAVAN,
       DR.RAJENDRAPRASAD ROAD,
       NEW DELHI - 110 001.
       BY ITS SECRETARY.

2.     UNION OF INDIA,
       MINISTRY OF POWER,
       SHRAM SHANTHI BHAVAN,
       RAFI MARG, NEW DELHI - 110 001.
       BY ITS SECRETARY.

3.     THE STATE OF KARNATAKA,
       VIDHANA SOUDHA,
       BANGALORE - 560 001.
       BY ITS CHIEF SECRETARY.
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4.    THE STATE OF KARNATAKA,
      DEPARTMENT OF ENERGY,
      VIDHANA SOUDHA,
      BANGALORE - 560 001.
      BY ITS SECRETARY.

5.    THE KARNATAKA POWER CORPORATION LTD.,
      SHAKTHI BHAVAN, BANGALORE,
      BY ITS MANAGING DIRECTOR.

6.    THE STATE OF KARNATAKA,
      DEPARTMENT OF FAMILY &
      HEALTH WELFARE,
      VIDHANA SOUDHA,
      BANGALORE - 560 001.
      BY ITS SECRETARY.

7.    THE STATE OF KARNATAKA,
      DEPARTMENT OF LABOUR,
      VIDHANA SOUDHA,
      BANGALORE - 560 001.
      BY ITS SECRETARY.

8.    THE STATE OF KARNATAKA,
      DEPARTMENT OF EMPLOYEES
      STATE INSURANCE,
      VIDHANA SOUDHA,
      BANGALORE - 560 001.
      BY ITS SECRETARY.

9.    KARNATAKA STATE POLLUTION
      CONTROL BOARD,
      "PARISARA BHAVANA",
      No.49, 4TH & 5TH FLOOR,
      CHRUCH STREET, BANGALORE - 560 001.
      REPRESENTED BY ITS CHAIRMAN.

10.   THE STATE OF KARNATAKA,
      DEPARTMENT OF PUBLIC SECTOR,
      VIDHANA SOUDHA,
      BANGALORE - 560 001.
      BY ITS SECRETARY.
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11.   THE STATE OF KARNATAKA,
      DEPARTMENT OF LAW,
      JUSTICE AND HUMAN RIGHTS,
      VIDHANA SOUDHA,
      BANGALORE - 560 001.
      BY ITS SECRETARY.

12.   M/S UDUPI POWER
      CORPORATION LIMITED,
      KOLACHUR,
      YELLUR VILLAGE,
      PILAR POST - 574 113,
      PADUBIDRI,
      UDUPIT DISTRICT.              ... RESPONDENTS


(SRI. B. PROMOD FOR R-1 AND R-2;
  SRI. R.SUBRAMANYA, AAG ALONG WITH
  SRI. G.V. SHASHIUMAR, AGA FOR R-3, R-4, R-6 TO R-8,
  R-10 AND R-11;
  SRI. AJAY J NANDALIKE, ADVOCATE FOR R-5;
  SRI. GURURAJ JOSHI FOR R-9;
  SRI. P.N.RAJESHWARA, ADVOCATE FOR R-12)


      THIS PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH ARTICLE 32 OF
CONSTITUTION OF INDIA, PRAYING TO FRAME GUIDELINES
WITH RESPECT TO OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS     TO   BE    MAINTAINED    BY   VARIOUS
INDUSTRIES, ETC.

      THIS PETITION COMING ON FOR FURTHER HEARING
THIS DAY, SANJAY GOWDA, J., MADE THE FOLLOWING:
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                                 ORDER

1. Writ Petition (Civil) No.79/2005 was filed before the

Apex Court by the Occupational Health and Safety

Association, a non-profit occupational health and safety

organization under Article 32 of the Constitution of India

for issuance of appropriate writs or directions to the

respondents therein to frame guidelines with respect to

occupational safety and health regulations to be

maintained by various industries and to appoint and

constitute a Committee for monitoring the working of

thermal power plants in India and to keep a check on the

health and safety norms for the workers working in the

said Thermal Power Plants.

2. On 31.01.2014, the above writ petition was disposed

of in the following terms:

"16. We may notice, the recommendations made are to be welcomed, but how far they are put into practice and what preventive actions are taken to protect the workers from the serious health-hazards associated with the work in CFTPPS calls for serious

attention. Many workers employed in various CFTPPs are reported to be suffering from serious diseases referred to earlier. What are the steps taken by CFTPPs and the Union of India and the statutory authorities to protect them from serious health hazards and also the medical treatment extended to them, including compensation etc., call for detailed examination.

17. We notice that CFTPPs are spread over various States in the country like Uttar Pradesh, Chattisgarh, Maharashtra, Andhra Pradesh, and so on, and it would not be practicable for this Court to examine whether CFTPPs are complying with safety standards and the rules and regulations relating to the health of the employees working in various CFTPPs throughout the country. We feel that thee aspects could be better examined by the respective High Courts in whose jurisdiction these power plants are situated. The High court should examine whether there is adequate and effective health delivery system in place and whether there is any evaluation of occupational health status of workers. The High Court should also examine whether any effective medical treatment is meted out to them.

18. We, therefore feel that it is appropriate to relegate it to the various High Courts to examine these issues with the assistance of the State Governments after calling for necessary Reports from the CFTPPs situated in their respective States. For the said purpose, we are sending a copy of this Judgment to the Chief Secretaries of the respective states as well as Registrar Generals of the High Courts of the following States:

                 (a)        Uttar Pradesh
                 (b)        Chhattisgarh
                 (c)        Maharashtra
                 (d)        Andhra Pradesh
                 (e)        West Bengal
                 (f)        Madhya Pradesh
                 (g)        Bihar
                 (h)        Orissa
                 (i)        Haryana
                 (j)        Rajasthan
                 (k)        Punjab
                 (l)        Delhi/NCT Delhi
                 (m)        Gujarat
                 (n)        Karnataka
                 (o)        Kerala
                 (p)        Tamil Nadu
                 (q)        Jharkhand




                       (r)        Assam

          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 also 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 moto proceedings in the larger interest of the workers working in CFTPPs in the respective States."

3. In compliance with the said directions, the said order

was placed before the Registrar General of this Court and

the Registrar General registered the present writ petition

as a suo motu writ petition.

4. This Court, thereafter, appointed Sri Aditya Sondhi,

learned Senior Counsel as Amicus Curiae.

5. During the pendency of this petition, it was brought

to the notice of this Court that apart from Thermal Power

Plant being run by the Karnataka Power Corporation

Limited (KPCL), there was yet another Thermal Plant

namely M/s.Udupi Power Corporation Limited, which was

being operated by a private entity, this Court ordered its

impleadment as respondent No.12.

6. During the course of hearing of this writ petition, as

suggested by learned Amicus Curiae, the Bureau of Indian

Standards (BIS), Bengaluru, was requested to conduct an

audit of the three Coal Fired Thermal Power Plants

(CFTPPs) in the State.

7. The BIS conducted an audit and submitted audit

reports and on the basis of which the Thermal Power

Plants also submitted compliance reports.

8. The BIS was once again requested to conduct a fresh

inspection of the three CFTPPs and accordingly, BIS

submitted its final audit report in respect of each CFTPPs

on 24.11.2017. Thereafter, yet again a compliance report

was submitted by the 5th respondent - KPCL. However,

according to learned Amicus Curiae, the said report as not

indicative of complete compliance. The 5th respondent -

KPCL however filed documents contending that steps had

been taken for implementing the occupational heath and

safety management system at Raichur Thermal Power

Plant.

9. It is apparent from the above that the task of

monitoring compliances would be a continuous activity

and it would be appropriate that the monitoring is made

by persons having requisite domain expertise.

10. It is brought to our notice by the learned Amicus

Curiae, that other High Courts in the Country who were

called upon by the Apex Court to examine whether

adequate and effective health and safety system have been

complied and appropriate evaluation of occupational

health status were to be monitored, the High Courts had

proceeded to constitute a multi-membered committees to

monitor the situation. Learned Amicus Curiae, therefore,

suggested that this Court also should constitute an

appropriate Committee to oversee and monitor the

environment, health and safety of the workers/employees

working in three CFTPPs. It was the submission of learned

Amicus Curiae that constituting a multi membered body

comprising of experts in various fields would not only be

conducive and effective but also a meaningful and

practical monitoring of the health and safety of the

workers at the CFTPPs as compared to this Court

monitoring the said situation on an ongoing basis.

11. The 5th respondent - KPCL did not raise any

objections for this course of action proposed by learned

Amicus Curiae.

12. However, the 12th respondent i.e., the private entity

which is running a CFTPP at Udupi filed a memo

contending that since there are already Committees

constituted under the Factories Act and statutory safety

audit was also conducted by the BIS, it would not be

necessary to have another Committee.

13. We have heard the learned Amicus Curiae and also

the learned Counsel appearing for the CTFPPs and also the

Government Advocate and perused the material on record.

14. The Apex Court in the aforementioned writ petition

took note of the fact that numerous CFTPPs were

generating two-thirds of the electricity consumed in India

and were consuming nearly 440 million tons of coal per

year and the Central Government had itself called for a

report from the National Institute of Occupational Health

(NIOH), which had in turn submitted a report in 2011

putting forth nine suggestions, of which, the Central

Government had already accepted seven suggestions.

15. The 8th and 9th suggestions put forth by NIOH were

as follows:

"8. Safe methods be followed for the handling, collection and disposal of hazardous waste to be recommended by NIOH.

9. Appointment of a Committee of experts by NIOH including therein Trade Union Representatives and Health and Safety NGO's to look into the issue of Health and Safety of workers and make recommendations."

16. As could be seen from the said report, one of the

important suggestions was appointment of a Committee of

experts which included Trade Union Representatives and

Health and Safety NGOs to look into the issue of Health

and Safety of workers. In the light of the fact that NIOH

has itself suggested appointment of a Committee of

experts, in our view, it would be appropriate to appoint a

Committee of experts to monitor the health and safety of

the workers of CFTPPs.

17. It is also pertinent to state here that the High Courts

of Jharkhand, Gujarat and Rajasthan have already

constituted Standing Committees for overseeing the health

and safety of workers working at CFTPPs. We are,

therefore, of the view that it would be not only appropriate,

but also imperative to constitute a Committee of experts to

oversee the functioning of CFTPPs vis-à-vis the

environment, health and safety of the workers/employees

working in CFTPPs.

18. Learned Amicus Curiae has also suggested that the

Committee to be constituted shall comprise of the following

members:

(i) A Retired High Court Judge (as Chairperson);

(ii) Chief Secretary, Government of Karnataka;

(iii) Additional Chief Secretary, Department of Health and Family Welfare;

(iv) Additional Chief Secretary, Department of Energy;

(v) Additional Chief Secretary, Department of Labour;

(vi) Director, Department of Factories, boilers Industrial Safety and Health;

(vii) At least two representatives from the trade union of the respective thermal power plants;

(viii) One representative from the management of the respective thermal power plants;

(ix) Two Advocates practicing before this Hon'ble Court;

(x) One representative each on behalf of any NGO identified by the committee, which is operating where the concerned Thermal Power Plant is situated; and

(xi) Such other members as this Hon'ble Court may deem fit.

19. We are of the view that the Committee suggested by

the learned Amicus Curiae deserves acceptance subject to

minor modification. We are of the view that if apart from

the above members, the Member Secretary of the District

Legal Services Authority and one representative of the

Karnataka State Pollution Control Board are included in

the Committee, it would benefit the effective working of the

Committee.

20. Learned counsel appearing for the 5th respondent -

KPCL suggested that instead of having two representatives

from the Trade Union, it would be better if there would be

one representative. In our view, this suggestion is well

founded and therefore, accepted.

21. We accordingly direct that a Monitoring Committee of

following members be constituted immediately for the

purpose of monitoring the environment, health and safety

of the workers/employees working at the three CFTPPs

situated in the State of Karnataka:

(i) A Retired High Court Judge (as Chairperson);

(ii) The Chief Secretary, Government of Karnataka;

(iii) The Additional Chief Secretary, Department of Health and Family Welfare;

(iv) The Additional Chief Secretary, Department of Energy;

(v) The Additional Chief Secretary, Department of Labour;

(vi) The Director, Department of Factories, Boilers Industrial Safety and Health;

(vii) One representative from the Trade Union of the respective Thermal Power Plants and if there is no Trade Union, a representative of the Workmen to be nominated by the Monitoring Committee;

(viii) One representative from the Management of the respective Thermal Power Plants;

(ix) Two Advocates practicing before this Hon'ble Court namely Smt.B.V.Vidyulatha and Sri S.Samhith;

(x) One representative each on behalf of any NGO identified by the Committee, which is operating

where the Concerned Thermal Power Plant is situated;

(xi) The Member Secretaries of the Ballari, Raichur and Udupi District Legal Services Authority,

(xii) One representative of the Karnataka State Pollution Control Board nominated by the Chairman.

22. In order to ensure that the Committee operates

effectively, it is hereby ordered that the respective CFTPPs

shall bear the expenditure of the Committee

proportionately. Since the 5th respondent - KPCL is

running two of the three CFTPPs, they would have to bear

two-third's of the expenditure of the Committee, while the

12th respondent - a private entity would be liable to bear

one-third of the expenditure of the Committee.

23. It is also hereby ordered that the respective CFTPPs

shall provide necessary secretarial staff and transportation

facilities to the Members of the Committee including

providing them suitable vehicular support for their

transportation.

24. The Committee shall monitor the environment,

health and safety of the workers/employees working in

CFTPPs and ensure that CFTPPs comply with the

requirements stipulated by the BIS.

25. The Committee shall submit a report in such

intervals as it deems fit which shall not be less than twice

a year.

26. It is made clear that apart from the above, it is also

open for the Committee to take such steps as it deems

appropriate to ensure compliance of the safety standards.

If, in order to take such steps, the Committee is of the view

that the assistance of this Court is needed, it would be

open for the Committee to approach this Court in this writ

petition itself, notwithstanding its disposal.

We place on record appreciation to Sri Aditya Sondhi,

learned Amicus Curiae who had effectively assisted the

Court.

With the above observations, this writ petition is

disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

PKS