Gujarat High Court Directs Panel To Inspect Coal-Fired Thermal Power Plants To Assess Workmen's Exposure To Occupational Health Hazards

The Gujarat High Court on Wednesday (July 23) directed a court-appointed committee to carry out fresh inspections of coal-fired thermal power plants in the state in order to assess the medical condition of workmen and to evaluate their exposure to "occupational health hazards".

The court was hearing a suo-motu PIL concerning health hazards faced by the workmen working in coal-fired thermal power plants–such as Asbestosis, Silicosis and Noise Induced Hearing Loss (NIHL) which are stated to be occupational health hazards.

During the hearing advocate Subramaniam Iyer appearing for Occupational Health and Safety Association submitted that the high court had in its December 16, 2015 order directed constitution of a committee to look into the issue. Iyer said that the committee constituted, consisted of only bureaucrats and did not contain members from expert body i.e., National Institute of Occupational Health (NIOH), adding that the occupational diseases can only be diagnosed by experts.

The court was informed that the committee so constituted had submitted its report on 27-01-2016 with regard to measures taken by individual coal fired thermal power plants to mitigate occupational health hazards and for providing health facilities to its workmen.

The court took note of its December 16, 2015 order as per which the committee is to consist of government officials including Registrar from the Court of Principal District Judge of the concerned district and was tasked with inspecting 11 thermal power plants. The high court's December 2015 order states that the inspection was to be conducted keeping in mind that adequate and effective health delivery system is in place, occupational health status of the workers and the effective medical treatment available to the workers, especially for the workers suffering from occupational diseases or those who are prone to occupational diseases.

After hearing the matter, a division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order dictated:

"Since much time has elapsed and the present petition is listed after a long time the last report of the committee being of 2016, we are of the considered view that the committee as per the constitution shall be revived...the Principal Secretary Health department shall ensure that such committee is constituted within a period of two weeks from today. The committee so constituted shall make fresh inspections of the respective thermal power plant and submit its report strictly in accordance with order dated 16-12-2016 and order of apex court of 31-01-2014...Taking note of the observation of the apex court dated 31-01-2014 we further provide that the committee constituted by this court shall take assistance of the expert namely (NIOH), and make its suggestions for rectification measures needed in the field". 

It thereafter asked government counsel to intimate its order to the Principal Secretary and listed the matter for hearing on September 3.

For context, the Supreme Court had in its January 31, 2014 order in a 2005 Writ Petition had asked concerned High Courts to examine whether there is adequate and effective health delivery system in place and whether there is any evaluation of occupational health status of the workers.

The Supreme Court had directed the Registrar Generals of the High Courts to place its 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 the Coal Fired Thermal Power Plants.

The present suo-motu plea was thereafter initiated by the high court in 2014. 

Case title: Suo Motu v/s State of Gujarat and Others

R/WPPIL/54/2014