Devise Policy For Rehabilitating 'Silicosis' Affected Workers, Compensation To Kin Of Deceased: Gujarat High Court To State

The Gujarat High Court has directed the State government to devise a policy for overseeing rehabilitation of workers affected with Silicosis and to grant adequate compensation to the kin of those who died due to the disease, in view of the Supreme Court's directions. 

The court was hearing a plea regarding non compliance of directions contained in the Supreme Court's April 11, 2017 order on the issue of providing compensation to the workmen, who are affected by 'Silicosis'.

It was argued that following the order, various States have framed policies for treatment compensation, rehabilitation and other welfare measures for the workers affected by the occupational lung disease. It was argued that Gujarat framed a policy for providing compensation but it is not in compliance with the Supreme Court's directions. 

It was also argued that there was no policy for rehabilitation of persons affected with 'Silicosis' in the State. It was contended that though there was a requirement to modify the previous policy framed through a 2015 Government resolution but for about seven years, no steps were taken by the department for framing of an appropriate policy. 

Taking note of the apex court's order a division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order observed:

"Considering the above, we find that effective steps have not been taken at the ends of the concerned department of the State. The directions in the order dated the Apex Court is to the Chief Secretaries of the States (including the State of Gujarat) to adhere to the directions of the National Human Rights Commission in the matter of compensation and to carry out distribution effectively and without delay. It is evident that there is a substantial delay on the part of the officers of the State in effective implementation of the directions of the Apex Court...which has resulted in granting lesser benefits to the applicants, who had submitted applications after 11.04.2017"

The court said that the timeline of 90 days for moving such an application is "practically not feasible" and it seems that there has been "no application of mind" to the recommendation for increasing the timeline looking to the sensitivity of the matter and the Social fabric of the Society.

It further said that the 2024 GO does not provide for rehabilitation of the victims resulting in rejection of the applications of beneficiary petitioners. It thus directed:

"We, therefore, direct the Principal Secretary, Department of Labour and Employment to look into the matter and take effective steps for bringing suitable modifications / amendments / substitution of the Government resolution dated 11.03.2024 so as to set in place the policy for rehabilitation of the affected workers with the disease 'Silicosis' and to provide adequate compensations to the kins of the deceased died due to 'Silicosis', in the true letter and spirit of the decision of the Apex Court, in light of the observations made hereinabove". 

The court took note of affidavits filed by the Chief Labour Commissioner citing Government resolutions issued by the Labour and Employement Department from time to time, for providing financial assistance to self-employed unorganized workers, who have died due to 'Silicosis'.

The court noted that as per the affidavit, pursuant to Supreme Court's April 11, 2017 decision in People's Right and Social Research Center and Ors. Vs. Union of India, the Principal Secretary, Gujarat Rural Workers Welfare Board sent a proposal dated 30.06.2022 to the Principal Secretary, Labour and Employment Department to frame a policy to provide financial assistance of Rs.4 Lakh to deceased's kin. 

"However, the Government resolution to enhance the financial assistance in compliance of the decision of the Apex Court dated 11.04.2017, noted hereinabove, has been issued only on 11.03.2024," the court said. 

The court further noted that applications of the petitioner Nos. 2 to 20 were received after 05.06.2017, i.e. after the apex court's order, but only Rs.1 Lakh  was credited in the accounts of the next of kin of the deceased towards financial assistance. The court noted that there is no provision to provide financial assistance to the affected workers.

It was contended that under the scheme, the limitation to submit the application of 90 days is provided, for the reason that the benefits accorded are to such workers, who are self-employed workers of the unorganized sector, which is an informal sector with less job security, lower wages and fewer benefits.

Petitioner's contention for providing more time to move applications based on Section 10 of the Employee's Compensation Act and Section 77 of the Employee's State Insurance Act was refuted by State on the premise that both the said Acts apply to organized sectors, where workers are part of a structured and regulated work environment. 

The court also said that the claims of the petitioner beneficiaries, shall be considered afresh and directed the Chief Labour Commissioner to take appropriate steps.

"In any case, a policy in strict compliance of the orders of the Apex Court accepting the report of the National Human Rights Commission shall be set in place by issuance of a fresh Government resolution, wherein effective date is also to be suitably indicated," the court said. 

Calling for an affidavit by the Principal Secretary, Labour and Employment department in compliance of the directions, the court listed the matter on August 29. 

Case title: PEOPLES TRAINING AND RESEARCH CENTRE & ORS. v/s STATE OF GUJARAT & ORS.

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