Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 39(e) 48A Constitution of India-Art. 21 41 43 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India-Art. 21, 39(e), 41, 43, 48A-Right to life-Right to health-Right to health and vigour of workers while in service or post-retirement.Right to medical aid-Occupational health hazards and diseases of workmen employed in mines and asbestos industries-Vicarious liability of employer to pay damages. Article 32 or 226-Public Law claims-Money compensation can be granted for enforcement and protection of Fundamental Rights.Convention 162 of International Labour Conference-India one of the signatories-Rules provided by ILO, Geneva made applicable. Factories Act-Rule 123A issued by the Government of India-Yawning gaps-Filled by directives of the Court Practice and Procedure-Public Interest Litigation-Employer bound by direction issued by the Court under Art. 32 and 142-Even though not a party to the proceedings.By Public Interest Litigation under Article 32 of the Constitution highlighting the lacuna in diverse provisions of law applicable to the asbestos industry, petitioner sought remedial measures for the protection of the health of the workers engaged in mines and asbestos industries with adequate mechanism for diagnosis and control of the silent killer disease-'asbestosis'.The appellants sought directions to all industries to maintain and preserve compulsorily, health records of each workman for a stipulated duration, to adopt the 'Membrane Filter Test', to compulsorily insure their employees and for the appointment of a committee of experts to determine the standard of permissible exposure limit value. Petitioners also prayed for appropriate directions to the State Governments to insure the workmen, to direct medical re-examination of persons found suffering from asbestosis by the National Institute of Occupational Health and to the Central Government for appointment of a Committee to recommend whether the dry process was to be completely replaced by the wet process. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1995 INSC 76 |
Petitioner | Consumer Education And Research Centre And Ors. |
Respondent | Union Of India And Ors. |
SCR | [1995] 1 S.C.R. 626 |
Judgement Date | 1995-01-27 |
Case Number | 206 |
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