Orissa High Court
Registrar (Judicial) vs State Of Odisha And Others on 8 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 3028 of 2014
Registrar (Judicial), Orissa High .... Appellant
Court, Cuttack
None
-versus-
State of Odisha and others .... Respondents
Mr. Ishwar Mohanty, ASC
Mr. Manoj Kumar Mishra, Senior Advocate for OP No.5
Mr. S.K. Padhi, Senior Advocate for OP No.20
Mr. D.P. Nanda, Senior Advocate for OP No.59
Mr. Sidheswar Mohanty, Advocate for OP No.30, 53
Mr. Satyajit Mohanty, Advocate for OP No.34
Mr. T.K. Patanaik, Advocate for OP No.46
Mr. K.P. Nanda, Advocate for OP No.6
Mr. B.S. Tripathy-1, Advocate for OP No.3
Mr. S.P. Sarangi, Advocate for OP No.15, 17, 37, 42, 49, 54, 60
& 61
Ms. Sadayalaxmi Patanaik, Advocate for OP No.4 & 33
Mr. Banoj Kumar Patanaik, Advocate for OP No.24
Mr. N.K. Mishra, Senior Advocate for OP No.19
Mr. Aditya Narayan Das, Advocate for OP No.51
Mr. Prashanta Kumar Nayak, Advocate for OP No.58
CORAM:
THE CHIEF JUSTICE
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 08.09.2022
08. 1. The present petition was registered in this Court pursuant to the
Judgment dated 31st January, 2014 of the Supreme Court of India in
Writ Petition Civil No.79 of 2005 (Occupational Health and
Safety Association v. Union of India).
2. The issue involved in the said writ petition was regarding the
health hazards faced by the workers in the Coal Fired Thermal
Power Plants (CFTPPs) operating in different States in the country.
It was pointed out that although a plethora of legislation including
labour welfare laws were in place, there was poor implementation
of the measures contained therein. It was pointed out that several of
the workers in the CFTPPs were suffering from lung function
abnormalities, skin diseases, asthma, pulmonary function test
abnormalities and so on.
3. A report had been called for by the Supreme Court from the
National Institute of Occupational Health (NIOH). That report was
submitted by the NIOH after studying the working of the CFTPPs
in 2011. Among the states identified as having functional CFTPPs,
Orissa was 1. By the said Judgment dated 31st January, 2014, the
Supreme Court asked the Secretary General of the Supreme Court
to make available to the Registrar Generals (RGs) of the High
Courts of the various states, a copy of the report of the NIOH to
enable the High Courts to examine the issues projected in the
judgment independently, "after calling for reports about the
CFTPPs functioning in the respective States".
4. In the order dated 10th December 2014, this Court proposed a
comprehensive scrutiny to be undertaken and requested the State-
Opposite Party to assist in the process of "identifying and
cataloguing the issues on priority basis". However, it appears that
thereafter the petition was not listed and it has come up in its own
turn only today.
5. It must be noted here that as many as sixty-one industries having
CFTPPs in Orissa, have been identified and have been arrayed as
parties to the present petition. Some of them have filed affidavits
before this Court. These include NALCO (Opposite Party No.36),
Visa Steel Ltd. (Opposite Party No.11), Jindal Stainless Ltd.
(Opposite Party No.24), Maithan Ispat Ltd. (Opposite Party No.19)
and NTPC Ltd. (Opposite Party No.54).
6. The Court would like the State Government to file a
comprehensive affidavit regarding the steps which it proposes to
take in the first instance:
- To undertake a survey of all the CFTPPs in the State of Orissa to
address the issues highlighted in the report of the NIOH.
- To identify workers in any of the CFTPPs who are suffering from
any of the health hazards highlighted in the report of the NIOH and
prepare a comprehensive list industry-wise of such purpose.
- To explore the possibility of setting up an independent mechanism
which can adjudicate the claims of such worker for appropriate
reliefs in accordance with law.
7. The Court expects the State Government to undertake the above
exercise within the framework of the existing laws including the
labour and environmental laws.
8. The comprehensive affidavit with proposals of the State
Government be filed within a period of six weeks from today and,
in any event, not later than 1st November, 2022 with an advance
copy to the learned counsel for the parties.
9. Mr. Manoj Kumar Mishra, learned Senior Advocate for the
NIOH is permitted to collect a soft copy of the entire paper book on
a pen drive from the Registry. All other counsels are also permitted
likewise. In the meanwhile, any of the Opposite Party companies,
who want to file affidavits, are permitted to do so.
10. List on 23rd November, 2022.
(Dr. S. Muralidhar)
Chief Justice
(Chittaranjan Dash)
Judge
S. Behera
