# A CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS v. UNION OF INDIA AND ORS

- **Citation:** [1995] 1 S.C.R. 626
- **Court:** Supreme Court of India
- **Decided:** 1995-01-27
- **Bench:** Am. Ahmadi, Madan Mohan Punchhi, K. Ramaswamy
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/a-consumer-education-and-research-centre-and-ors-v-union-of-india-and-ors-12878
- **Pages:** 39

## Headnote

Constition of India-Art. 21, 39(e), 41, 43, 48A-Right to life-Right to
health-Right to health and vigour.of workers while in se7Vice or pose.rettreC ment.
Right to medical aid-Occupational health hazards and diseases of
workmen employed in mines and asbestos industries-Vicarious liability of
employer to pay damages.
D
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 !LO, Geneva made applicable.
E
Factories Act-Rule 123A issued by the Government of India-Yawning
F
gaps-Filled by directives of the Courl. ·.
Practice and Procedure-Public Interest Litigation-Employer bound
by direction issued by the Court under Arl. 32 and 142-Even though not a
party to the proceedings.
/..
By Public Interest Litigation under ArticJe 32 oJ the .Constitution·
highlighting the .lacuna in diverse provisions.: of -law applicable to the
a~bestos industry, petitioner sought remedial measures for the protection
of the health of the workers engaged in mines and asbestos industries with.:
G 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
H employees and for the appointment of a committee of experts to determine
626
•
CONSUMER EDUCATION CENTRE v. U.0.1.
. 627
the sta~dard of permissible exposure limit value. Petitioners also prayed A·
for appropriate directions .to the State Governments to insure the
'workmen, to direct medical re-examinatfon 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. B
Allowing the writ petition, this Court
HELD : 1.1. The right to health and medical care is a fundamental
right under Article 21 read with Articles 39(c), 41and43 of the Constitution which made the life of the workman meaningful and purposeful with C
dignity of person. Right to life included protection of the h~alth and
strength of the worker as a minimum requirement to enable a person to
live with human dignity. The Union and State Government, public and
private industry was enjoined to take such action that would promote
health, strength and vigour of the workmen during the period of employment and leisure and health even after retirement as a basic essential to D
live life. The health and strength of the worker was an. integral facet of the
rmht to life and denial thereof denuded the workman of his livelihood and
the finer facets of life violating Art. 21. [659-G-H, 660-A]
1.2. The right to human dignity, development of personality, social E
protection, right to rest and leisure were fundamental Huma,n Rights to a
workman assured by the Charter of Human rights, in the Preamble and .
Arts. 38 and 39 of the Constitution. Facilities for medical care and health
ensured stable ma;npower for economic development and generated devotion to duty and dedication. Health of the worker enabled him to enjoy the
fruit of his labour, keeping him physically fit and mentally alert for leading . F
.
.
.
a successful life, economically, socially and culturally. Medical facilities to
protect the health of the workers· are therefore, the fundamental and
human rights of the workmen. [660-B-C]
1.3. Right to health, medical aid to protect the health.and vigour of
a worker while in ser\rice or post retirement is a fundamental right under G
Article 21, read with Articles 39(c), 41, 43, 48A and all related Articles and
fundamental human,rights. [660-D]
·
2. In an appropriate case, the Court could give appropriate direc·
tions to the employer, be it the State or its undertaking or priva

## Text

_Characters 0–39,918 of 92,321. This is a partial read: ask again with offset=39918 for what follows._

A CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS.
v.
UNION OF INDIA AND ORS.
JANUARY 27, 1995
B
[AM. AHMADI, CJ, MADAN MOHAN PUNCHHI AND
K. RAMASWAMY, JJ.)
Constition of India-Art. 21, 39(e), 41, 43, 48A-Right to life-Right to
health-Right to health and vigour.of workers while in se7Vice or pose.rettreC ment.
Right to medical aid-Occupational health hazards and diseases of
workmen employed in mines and asbestos industries-Vicarious liability of
employer to pay damages.
D
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 !LO, Geneva made applicable.
E
Factories Act-Rule 123A issued by the Government of India-Yawning
F
gaps-Filled by directives of the Courl. ·.
Practice and Procedure-Public Interest Litigation-Employer bound
by direction issued by the Court under Arl. 32 and 142-Even though not a
party to the proceedings.
/..
By Public Interest Litigation under ArticJe 32 oJ the .Constitution·
highlighting the .lacuna in diverse provisions.: of -law applicable to the
a~bestos industry, petitioner sought remedial measures for the protection
of the health of the workers engaged in mines and asbestos industries with.:
G 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
H employees and for the appointment of a committee of experts to determine
626
•
CONSUMER EDUCATION CENTRE v. U.0.1.
. 627
the sta~dard of permissible exposure limit value. Petitioners also prayed A·
for appropriate directions .to the State Governments to insure the
'workmen, to direct medical re-examinatfon 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. B
Allowing the writ petition, this Court
HELD : 1.1. The right to health and medical care is a fundamental
right under Article 21 read with Articles 39(c), 41and43 of the Constitution which made the life of the workman meaningful and purposeful with C
dignity of person. Right to life included protection of the h~alth and
strength of the worker as a minimum requirement to enable a person to
live with human dignity. The Union and State Government, public and
private industry was enjoined to take such action that would promote
health, strength and vigour of the workmen during the period of employment and leisure and health even after retirement as a basic essential to D
live life. The health and strength of the worker was an. integral facet of the
rmht to life and denial thereof denuded the workman of his livelihood and
the finer facets of life violating Art. 21. [659-G-H, 660-A]
1.2. The right to human dignity, development of personality, social E
protection, right to rest and leisure were fundamental Huma,n Rights to a
workman assured by the Charter of Human rights, in the Preamble and .
Arts. 38 and 39 of the Constitution. Facilities for medical care and health
ensured stable ma;npower for economic development and generated devotion to duty and dedication. Health of the worker enabled him to enjoy the
fruit of his labour, keeping him physically fit and mentally alert for leading . F
.
.
.
a successful life, economically, socially and culturally. Medical facilities to
protect the health of the workers· are therefore, the fundamental and
human rights of the workmen. [660-B-C]
1.3. Right to health, medical aid to protect the health.and vigour of
a worker while in ser\rice or post retirement is a fundamental right under G
Article 21, read with Articles 39(c), 41, 43, 48A and all related Articles and
fundamental human,rights. [660-D]
·
2. In an appropriate case, the Court could give appropriate direc·
tions to the employer, be it the State or its undertaking or private employer H
j
A
B
c
D
E
628
SUPREME COURT REPORTS
[1995] 1 S.C.R.
to make the right to life meani~gful, to prevent pollution at the workplace,
for protection of the environment, for protection of the health of the
workman or to preserve free and unpolluted water for the safety and health
of the people. The authorities·or even private persons or industries were
bound by the directions issued by the Court under Articles 32 and 142 of
the Constitution. (662-B]
3.1. The Government of India issued model rule 123·A under Fae·
tories Act for adoption. Under the directions issued by the Court from time
to time, all the state governments had amended their respective rules and
adopted the same but still there were yawning gaps in their effective
implementation. In the light of the rules "All Safety in the Use 'of Asbestos"
issued by the I.L.O., the-same_ were bi.nding. on all the industries. [663-A]
- ~ ..
-
--'
. ...
.
.-·-
........ -
..
3.2. The Asbestos International Association (AJA), London has been
publishing a code of conduct for its members in accordance with the
international .practice and admittedly all the members of AIC had been
. following the same. In view of that admission, they were bound by the
directions issued by the ILO. Therefore, it is not necessary to issue
directions to the Union or State governments to constitute a committee to
convert the dry process of .manufacturing .into wet process but they were
bound by the rules s.pecifically referred to in the judgment as well as the
I.L.O. rules. [663·C·D]
4. The Employees State Insurance Act and the Workmen's.Compen·
sation Act provided for payment of mandatory compensation for the injury
or death caused to the workman while in employment. Since the Act di~
p not provide for payment of compensation after cessation of employment,
it was necessary to protect such persons after the respective dates of
cessation of their employment. Liquidated damages by way of compensa·
tion are accepted principles of compensation. In the light of the law above
laid down and also on the doctrine of tortious liability, the respective
factories or companies are bound to compensate the workmen for the
G health hazard which was the cause for the disease with which the workmen
_/
~-
"\
*
~.
~
·'•
..
were suffering from or had suffered pending the writ petitions. Therefore,
V
r
the factory or establishment were responsible to pay liquidated damages
to the concerned workmen. (663-E·F]
H
5. All the industries are directed to :
-
...
CONSUMER EDUCATION CEN'IRE v. U.0.I.
629
(a)
maintain and keep maintaining the h~alth record of every A
worker up to a minimum period of 40 years from the beginning of the
employment or 15 years after retirement or cessation of the employment,
whichever was later: [663-G]
(b) adopt the "Membrane Filter test" to detect asbestos fibre at par
with the Metalliferrous Mines Regulations, 1961 and the Vienna Conven· B
tion: [663-Hl
(c) compulsorily insure health coverage to every worker. [664-A]
The Union and the state governments are directed to :
(i) review the standards of permissible exposure limit . value of
fibre/cc in tune with the international standards reducing the permissible
content. Review after every 10 year!\ and also as and when the I.L.O. gives
direction in that behalf consistent with its recommendations or any Con·
ventions : [664-B]
(ii) Consider inclusion of those small scale factories or industries
engaged in the manufacture of asbestos or its· ancillary products. [664-C]
c
D
The Inspector of Factories of the State of Gujarat shall send all the
workers, examined by the concerned ESI hospital, for re-examination by E
the National Institute of Occupational Health to detect whether all or any
of them suffer from asbestosis. In case of a positive finding each such
worker would be entitled to compensation in a sum of Rs. One lakh payable
by the concerned factory or industry or establishment within a period of
three months from the date of certification by the National Institute of
Occupational Health. [664-D]
F
Blannie S. Wilson v. Johns Manville Sales Corporation Ltd, 684
Federal 2nd 111 (1982); William T; Urie v. Guy A. Thompson, 93 L. Ed. 337
US 163; Olga Tellis v. Bombay Municipal Corporation, [1985] 3 SCC 545;
State of H.P. v. Urned Ram Sharma, [1986] 2 SCC 68; Sunil Batra v. Delhi
Administration, [1978) 4 SCC 494; Board of Trustees of the Port of Bombay G
v. D.R. Nadkami, [1983) 1SCC124; Vikram Deo Singh Tomar v. State of
Bihar, [19881 Suppl. SCC 734; R. Autyanuprasi v. Union of India, [1989] 1 .
Suppl. SCC 251; Charles Sobraj v. Supdt. Cen(ral Jai4 Tihar, A.I.R. (1978)
SC 1514; Bandhua Mukti Morcha v. Union of India, [1984] 3 SCC 161;
C.E.S.C. Ltd. and Ors. v. Subhash Chandra Bose, [1992] 1 SCC 441; Khatri H
630
SUPREME COURT REPORTS
[1995) 1 S.C.R.
A (JI) v. State <Jf Bihm; (1981] 1 SCC 627; Maharashtra Stat.e B.O.S. dnd H.S.
Education v. KS. Gandhi, (1991] 2 SCC .716; Unni Klishnan v. State of A.P.,
[1993] 1 SCC 645; M.C. Mehta v. Union of Jn(iia, [1987) 4 SCC 463; J't.
Pannanand Kotara v •. Union of India, [1989) 4 SCC 286; National Textile
Workers' Union v. P.R. Ramakrishnan, [1983] 1 SCR 922; Workmen of
B Meenakshi Mills Ltd. v. Meenakshi Mills Ltd., [1992) 3 SCC 336; Rudul Sah ·
v: State of Bihar, [1983) 3 SCR Sp8 and Nilabati Behera v. State of Orissa,
[1993] 2 sec; 746, relied on.
c
CIVIL ORIGINAL JURISDICTION : Writ Petition {C) No. 206 of
1986.
.
{Under Article 32 of the ~onstitution of India) .
.
I
.
I
.
R.N. Sachthey, N.N. Goswami, R. Ramachandran, Joseph Pookkat,
P.H. Parekh, Ms. Prerna Kohli, S. Kachwaha, S. Sukumaran, D.N. Mishra,
R·avindra Narain, for JBD & Co., Wasim A. Qadri, C.V.S. Rao, S.K.
D Sabharwal, Krishna Kumar, Vinod Kumar, Ms. Poonam Madan, for
.Kh;aitan & Co., A.S. Bhasme, K. Ram Kumar, G. Prabh~ar, G. Prakash,
(N.P.), B.K. Prasad, Rakesh Upadhyay, S.N. Terdal, Indu Malhotra, {N.P.),
R. Sasiprabhu, M.: Verrappa, (N.P.) and S.K. Agnihotri, (N.P.) for the
appearing parties.
E
The Judgment of the Court was delivered by
· K. ~WAMY, J. Occupational accidents and diseases remain
the, most appalling)iuman tragedy of modern industry and one of its most
, ~e.r,ious forms of economic waste. Occupational health hazards and diseases
. p
to the workmen employed in asbestos industries are of our concern in this
writ petition filed under Article 32 of the Constitution by way of public
interest limigation at the behest of the petitioner, an accredited organisa-
, tion. At the inception of filing the writ petition in the year 1986, though it
·highlighted the lacuna In diverse provisions of law applicable to the asbestos industry, due to orders of this Court passed from time to time, though
'· .G •1wide gaps have been bridged by subordinate legislation,. yet lot more need
,··to be done~ So.the.petitiqner seeks to fill in·the yearning gap!? and remedial
measures for the protection of the health of the workers engaged in mines
·. and' asbestos industries with adequate mechanism ,for and diagnosi_~ and
; control of the. silent killer disease "asbestosis", with amended prayers as
H under:-
,,
<
CONSUMER EDUCATION CENTREv. U.O.I. (K. RAMASWAMY, J.)
631
(a) Directions to all the i~dustries and the official- respondents to A
maintain compulsority and keep preserved health records of each
workman for a period of 40 years from the date of beginning of
the employment or 10 years after the cessation of the employment,
whichever is later;
(b) To diredt all the factories to adopt "THE MEMBRANE B
FILTER TEST";
(c) To direct all industries to complusorily insure the employe~s
working in their respective industries, excluding those already
covered by the Employees State Insurance Act and the Workmen C
Compensation Act so as to entitle the workmen to get adequate
compensation for occupational hazards or diseases or death;
( d) To direct the authorities to appoint a committee of experts to
determine the standard of permissible exposure limit value of 2
fibre/cc and to reduce to 1-fibre/cc for Chrystolite type of asbestos, D
0.5-fibere/cc for Amosite type of asbestos and for the time being
0.2-fibre/cc for Crocidolite type of asbestos at par with the international standards :
( e) To direct the appropriate Governments to cover the workmen
and to extend them Factories Act or by suitable regulatory E
provisions contained therein to all small scale sectors which are
not covered under the Factories Act;
(t) .To direct re-examination of such of those persons who are
found suffering from Asbestosis by National Institute of Occupational Health but not the E.S.I. hospitals; and in particular the
Inspector of factories, Gujarat, be direC:ted to have re-examined
all those workmen, examined by E.S.I. by N.G.D.H. and to award
compensation; and
F
(g) To direct the Central Government to appoint a committee to G
recommend whether dry process can be completely replaced by.
wet process.
It would appear from the record that in Karnataka, Andhra Pradesh
and Rajasthan, there exists about thirty mines and the workmen employed
therein are about 1061. There are about 74. asbestos industries in nine H
632
SUPREME COURT REPORTS
(1995] 1 S.C.R.
A States, namely, Haryana, Delhi, Andhra Pradesh, Karn?taka, Rajasthan,
Maharashtra, Kerala, Gujarat and Madhya Pradesh. It would also appear
that as on August 1986 there are about 11,000 workmen employed in those
industries. Basing on Biswas Committee report, the petitioner filed the writ
pitition. The Central GoVt. accepting the said report, fratl].ed model Rule
B 123A of Factories Act and on its model relevant laws and Rules were
amended and are now brought into force. We are not referring to the
findings .and recommendations of Biswas Committee as the "Asbestos
Convention, 1986" covered the whole ground.
In Convention 162 of the International Labour Conference (ILC)
C held in June, 1986, it had adopted on 24th June; 1986 the Convention called
"the Asbestos Convention, 1986". India is one of the signatories to the
Convention and it played a commendable role suggesting suitable amendments in the preparatory conferences. It has come into force from June 16,
1989, af~er its ratification by the Member-States. Article 2(a) defines
D "asbestos" to mean the fibrous form of mineral silicates belonging to
rock-forming minerals oft.he serpentine group, i.e. chrysotile (white asbestos), and of the amphibole group, i.e. actitiolite, amosite (brown asbestos,
'
cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos),
tremolite, or· any mixture containing one or more of these." "Asbestos dust"
is defined as "airborne particles of asbestos or settled particles of asbestos"
E which may become airborne in the working environment "Respirable asbestos fibre" is defined as a particle of asbestos with a diameter of less than
3 um and of which the length is at least three times the diameter; "Workers" ·
cover all employed persons; 'Workplace" covers all places where workers.
need to be or need to go.by reason of their work and which are under the
F direct ot indirect control of the employer;
Article 5(2) provides that "National laws or regulations shall provide
fcir the necessary measures,· including appropriate penalties, to ensure
effective enforcement of and compliance with the provisions of the Convention.". Article 8 provides that "employers and workers or their repreG sentatives shall co-operate as closely as possible at all levels in the
undertaking in the application of the measures prescribed pursuant to this
Convention". Article 9 in Part III prescribes Protective and Preventive
Measures,·regulating that the national laws or regulations shall provide that
exposure to . asbestos shall be prevented or controlled by one .• or more of
H the following measures - (a) making work in which exposure to asbestos
-~·
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• •
. CONSUMEREDUCATIONCENIREv. U.O.I.lK.RAMASWAMY,J.]
633
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• <.
may occur subject to regulations prescribing adequate engineering controls A
and work practi~es, including workplace hygiene; (b) prescribing special
rules and procedures including auihorisation, for the use of asbestos or of
certain types of asbestos or products containing asbestos or for certain
work processes." Article 15 postulates that (1) 'the competent authority
shall prescribe limits for the exposure of workers to- asbestos or other
B
exposure criteria for the evaluation of the working environment, (2) the
exposure limits or other exposure criteria shall be fixed and periodically
reviewed and updated in the light of technologicai progress and advances in
technological and sdentific knowledge; (emphasis supplied), (3) in all
workplaces where workers are exposed to a5bestos, the employer shall take
•
all appropriate measures to prevent or control the release of asbestos dust C
into the air, to ensure that the exposure limits or other ~xposlire criteria
are complied with and also to reduce exposure to as low a level as is
reasonably practicable.' Clause (4) provides that on its failure to Carry out
the above direction to the industry to maintain. and replace, as necessary;
at no cost to the workers, adequate respiratory protective equipment and D
special protective clothing as appropriate. Respiratory protective equipment should comply with standards set by the competent authority and be :
used only as a· supplementary, temporary, emergency or exceptional
measure and not as an alternative to technical control. .
'Article 16 mandates, that 'each employer shall be made responsible
E
for the establishment and implementation of practical measu~es for the
prevention and control of the exposure of the workers he employs to asbestos
and for their protection against the hazards due to asbestos." (emphasis
supplied). Article 17 provides demolition of plaD.ts or structures containing
friable asbestos' insulation etc,, 'the details whereof are not necessary.
Article 18 obligates the employer. to provide clothing to the workers,
F
maintenance, handliog and cleaning the.reef etc. etc. Article 19 deals with
the disposal of the waste containing asbestos. Part IV ~onsisting of Articles
20 and 21, deals with surveillance of the working environment and workers'.
health.' Article 20 (1) provides ihat "where it is necessary for the protection
of the health of workers, the employer shall measure the concentrations of G
'airborne asbestos dust in workplaces, and shall monitor the exposure of
workers .lo asbestos at intervals and using methods specified by the com·
petent authority." Sub'Article (2) of Article 20 envisages maintenance of
the records :· 'the records of the monitoring of the working environment
H
634
SUPREME COURT REPORTS
. [1995] 1 S.C.R.
A and of thi exposure of workers to asbestos shall be kept f of a period prescribed
•
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.
.
.
by the competent authority" (emphasis supplied). Clause (3) - "the workers
concerned, -their representatives and the inspection services shall 1iave
access to these records." Clause ( 4) - "the workers or their representatives
,_
shall have the right to request the monitoring of the working environment
B and to appeal to the competent authority concerning the results of the
monitoring.". Articie 21(1) envisages that "workers who are or have been
exposed to asbestos shall be provided, in accordance with national law and
.Practice, with such medical examinations as are necessary to supervise their
--')
health in relation to the occupational hazard, and to diagnose occupational
c
diseases caused by exposure to asbestos". Clause (2) adumbrates that such
monitoring shall be free of the charge of the workers and shall take place.
as far as possible .durmg the working hours. Clause (3) accords to the
workers of the right to information, in that behalf, of the results of their
medical examination (emphasis supplied) "shall be informed in an adequate
and appropriate manner of the results of their medical examinations and
D receive individual advice 'concerning their health in relation to their work.
-\
Clause ( 4) is not material for the purpose of this case, hence omitted.
Clause (5) postulates that ·the competent authority shall develop a system
of notification of occup~tional diseases calls'ed by asbestos.
'
-.
E
Article 22, in Part V, relating to information and education is .not
relevant for the purpose of this case, hence omitted. in Part VI-Final
Provisions, Article 24 ill relevant for . the purpose of this case and Clause
(1) thereof states .that "this Convention shall be binding 'only upon those
Members of the International Labou,r Organisation whose ratifications
have been registered with the Director-General". The other Articles 23, 25
F to 30 are not relevant.
International Labour Office, Geneva, has provided the Rules regarding "safety in the use of asbestos". In Rule 1.1.2. (Possible health consequences of exposure to asbestos dust), it is stated that there are three main
~
:a health consequences associated with exposure to airborne asbestos - (a)
asbestosis : fibrosis (thickening'and scarring) of the lung tissue; (b) lung
~ '
cancer : Cancer of the bronchial tubes; '(c) mesothelioma : cancer of the ·
pleura or peritoneum.. In asbestos workers, other consequences of asbestos
exposure can be the development of diffuse pleural thickening and cir-
· cumscribed pleural plaques which may become calcified. These are
H regarded as no more than evidence of exposure to asbestos dust. Other
CONSUMEREDUCATIONCENTREv. U.0.1. [K.RAMASWAMY,J.J
635 l
types of cancer (e.g. of the gastro-intestinal tract) have been. attributed to A .
asbestos exposure though the evidence at present is inconclusive. In Rule /
1.3, definitions of asbestos, asbestos dust, respirable asbestos fibre· have
bben defined thus :-
.
(a) asbestos is defined as the bibrous form of mineral silicates
belonging to the serpentine and amphibole groups of rock-forming B
minerals, including : actinolite, amosite (brown asbestos, cummingtonite, grunnerite), anthophyllite, chrysotile (white asbestos),
crocidolite (blue asbestos), tremolite, or any mixture containing
one or more of these;
(b) asbestos dust is defined as airborne particles of asbestos or
settled particles of asbestos which may become airborne in the
working environment;
( c) respirable asbestos fibre is defined as a particle of asbestos with
c
a diameter of less than 3 um and of which the length is at least D
three times the diameter;
In Chapter 3, Exposure limits have been defined thus:-
3.1.1. - The concentrations of airborne asbestos in the working
environment should not exceed the exposure limits approved by E
the competent authority after consultation with recognised scientific bodies and with the most representative organisations of the
employers and workers concerned.
3.1.2. - The aim of such exposure limits should be to eliminate or
fo reduce, as far as practicable, hazards to the health of workers F
exposed to airborne asbestos fibres.
3.1.3. - The exposure level of airborne asbestos in the working
environment should be established by: (a) by legislation: or (b) by
collective agreement or by any other agreements drawn up between G
1
employers and workers; or ( c) by any other channel approved by
the competent authority after consultation with the _most representative employers' and workers' organisations.
3.1.4. - it provides periodical review in the light of technological
progress and advances in technical and medical knowledge con- H
636
A
SUPREME COURT REPORTS
[1995) 1 S.C.R.
cerning the _health hazards associated with exposure to asbestos
dust and particularly in the light of results of workplace monitoring.
In Chapter 4, under Monitoring in. the workplace, Rule 4.4.4 is
relevant for the purpose of this case which adumbrates that the measures
of airborne asbestos fibres concentrations in fibres per millilitre in the
B workplace air should be made by the membrane filter method using phase
contrast microscopy as described in Appendix B of the Rules. All
respirable fibres over 5 um in length should be counted by this method.
Rule 4.4.5 provides that the measurement of airborne dust concentrations
(mg/m3) in the workplace air should be made by gravimetric method as
C described in Appendix C to the Rules. The mass of the collected total dust
should be determined and, by analysis, the type of asbestos and its mass
percentage.
D
Rule 4.5 - Monitoring Strategy, and Rule 4.6-Record keeping, have
been adumbrated as under :-
4.6.1. - Record should be kept by the employer on aspects of
asbestos dust exposure. Such records should be clearly marked by
date, work area and plant location etc. etc.
In General preventive methods, in Chapter V. Rule 5.2.1. - All apE propriate and practicable measures of engineering, work practice and
administrative control should be taken to eliminate or to reduce the
exposure of workers to asbestos dust in the working environment to the
·lowest possible level. Rule 5.2.2. provides that "engineering controls should
include mechanical handling, ventilation and redesign of the process to
F
eliminate, contain or collect asbestos dust emissions by such means as - (a)
process separation, automation or enclosure; (b) bonding asbestos fipres
with other materials to preveni. dust generation; ( c) general ventilation of
the working areas with clean air, etc. etc.
·G
Chapter VI deals with personal protection of the respiratory equipment etc., the details whereof are not necessary. Chapter VII deals with
the cleaning of the premises of the plant. Detailed instructions as to the
manner in which work pre.u.1ises are maintained in a clean state, free of
asbestos waste,· have been provided and)t is not necessary to enumerate
all the details. Suffice it to saythat every iJdustry shall scrupulously adhere
H to the instructions contained in Chapter VII a,nd IX. Chapter X deals with
_/
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CONSUMER EDUCATION CENrRE v. U.0.I. [K. RAMASWAMY, J.) 1
637
with the supervision of the health of wor~ers.
Part B deals with control of asbestos exposure in specific activiti~s,
min~g and milling, asbestos cement, Textiles. In Chapter 15, EncapsulaA
tion or removal of friable thermal and acoustic insulation provides the
procedure for repairs or removal of asbestos insulations. In Rule 15.10, dry
stripping and Rule 15.10.1. provides that dry stripping is associated with B
very high levels of asbestos dust which should, therefore, be used only (a)
where wet methods cannot be used; (b) where live electrical apparatus
might be made dangerous by contact with water; ( c) where hot metal is to
be stripped and the use of water may be damaging. Rule 15.10.2 provides
that where dry stripping is employed, as effective a standard of separation C
as possible should be preserved between the work site and the adjacent
areas to prevent the escape of asbestos dust. Rule 15.10.3 envisages that
all workers within the separated area should be provided with, and should
use, suitable respiratory equipment and protective clothing. All other ·
guidelines are not necessary, hence omitted. In Rule 15.11, wet stripping
provides procedure thus :-
D
"15.11.1. Areas in which wet stripping.is being carried out should
be separated from other work areas.
· 15.11.2. All workers within the separated area should use suitable E
respiratory protective equipment and p~otective clothing.
15.11.3. Electrical equipment in the area should be isolated from
the entry of water.·
15.11.4. At the end of the work a competent person should ensure
that it is safe for the electrical 'supply to be restored.
15.11.5. Before removal is started, care should be taken that the
asbestos material is saturated with water. This may be made easier
by the addition of a water-wetting agent.
15.11.6. (1) Where cladding has to be removed, it should first, G
where practicable, be punctured and the asbestos containing
material within the cladding should be thoroughly wetted.
(2) The cladding should then be removed carefully within the
enclosure and all surfaces should be vacumed or sprayed with H
638
SUPREME COURT REPORTS
(1995) 1 S.C.R.
A
water.
B
15.11.7. The water-saturated material should be removed in small
sections and placed immediately in labelled containers which
sh-0uld then be sealed.
15.11.8. Any slurry produced should be contained and not discharged into drains without adequate filtration, etc. etc .
. Rule 15.12 provides stripping by high-pressure water jets - the details
. .-.
whereof are not materiai but suffice it to emphasise that specialised method
should be carried out only by trained personnel and all precautions
C relevant to the operation should be taken. Special safety precautions,
\
. including those given in this section of Code, are required, since they are
very high~pressure spraying or dangerous, displaying at the prop°er place in
addition to other stripping warning notices. Other guidelines are not
relevant for the purpose of this case but suffice to state that every industry
D ·should adopt, adhere to and strictly follow the Rules provided for the safety
.-
in the use of asbestos.
.
-~
In the "Encylopaedia of Occupational Health and Safety", Vol-I,
published by International Labour Office, Geneva, the latest 4th Edition,
E 1991, provides definition, of asbestos as has been found hereinbefore and
therefore, it is not necessary to its reiteration. Its Pathology has been stated
. at page 188 in Vol-I, which is as follows :-
G
H
"The retained fibres in the alveolar region are 3 um or less in
diameter but may be up to 200 um long. Animal experiments
strongly point to the longer fibres, 5 urn and over, as being much
more fibrogenic than shorter fibres. A proportion of the longer
fibres, especially amphiboles, become coated with an il-on protein
complex producing the drumstick appearance of asbestos bodif'.S.
All typeF of asbestos cause similar fibrosis. The fibrosis starts in
the respiratory _bronchioles with collections of maci:ophatges con~
faining fibres, and others· lying free. These deposits organise,
collagen replacing the initial reticulin web. Initially only a few
respiratory bronchioles are affected, but the fibrosis spr~ads·
centrally to the terminal bronchfoles and peripherally to the acinus.
The areas increase in size and coalesce causing diffuse interstitial
fibrosis with shrinkage. The process starts in the bases spreading
>
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CONSUMER EDUCATION CENTREv. U.O.I. [K. RAMASWAMY, J.)
639
upwards as the ~isease progresses; in advanced disease the whole A
lung structure is distorted and replaced by dense fibrosis, cysts,
and some areas of emphysema.
The pleura, both visceral and parietal surfaces, are affected by
the fibrosis and to a degree which is much greater than in other
types of pneumoconiosis. The visceral surface may be sclerosed up
to 1 cm thick. In the parietal pleura thickening starts as a basketweave pattern of fibroblasts, the sheets of fibrosis lying along the
line of the ribs especially in the lower thorax and posteriorly. The
edges become rolled and crenated and, after many years, calcified.
The parietal thickening may be extensive and thick with little
or no parenchymal fibrosis. The reasons for this are not fully
understood but indicate the need to separate, if possible, parietal
and visceral pleural thickening in life.
Diagnosis and types :
Table 1 lists the types of fibrosis in the lung caused by asbestos
that can be partially or well separated clinically. Recent
epidemiological research indicates that asbestosis and pleural plaque may have differing aetiologies, natural histories, and significance in terms of morbidity and mortality.
Table 1. Types of lung fibrosis caused by asbestos
Parenchymal
Pleural:
Visceral:
Acute
Asbestosis
Chronic
Parietal:
Hyaline
Pleural plaques
Calcified
The Aspestosis has been signified at page 188 which is as follows :
Asbestosis - The signs and symptoms of asbestosis are similar to
those caused by other diffuse interstitial fibroses of the lung.
Increased breathlessness on exertion is usually the first symptom,
sometimes associated with aching or transient sh~rp pains; in the
chest. A cough is not usually present except in the late stages when
B
c
D
E
F
G
H
A
B
c
D
E
F
G
H
640
SUPREME COURT REPORTS
[1995) 1 S.C.R.
distressing paroxysms occur. Increased sputum is not present unless there is bronchitis, the r~sult of· smoking. The onset of
symptoms (except following very heavy exposure) is usually slow
and the ·subject may have forgotten having any contact with asbestos; Persistent dull- chest pain, and haemoptysis indicate the need ·
to investigate further the diagnosis of bronchial or mesothelial
cancer ..
The most important physical sign is the presence of highpitched fine crepitations (crackles) at full inspiration and persisting
after coughing. They occur initially in the lower axillae and ~xtend
more widely later. Agreement between skilled observers on detecting this sign is good· but it may vary_from day to day in the early
stages. It may also be present as an isofated sign in 2-3% of
otherwise normal indiViduals. There ·are now means of recording
this sign on tape. Other sounds - wheezes and rhonchi - are of no
help in diagnosis, but indicate as_sociated bronchitis. Clubbing of
the fingers and toes was formerly regarded as an important physi: ·
cal sign. There is an impression that it is now less frequently seen.
Its severity does not relate well to other aspects of the diagnosis.
There is poor agreement between observers except \\'.hen the
clubbing is very pronounced. It is possible that its presence relates
to the rapidity of progression of the disease.
The chest radiograph remains the
1most important single piece
of evidence, even though the appearances are similar to other types
of interstitial fibrosis. When the radiography is classified by three
or more skilled readers using the ILO 1971 scheme independently,
it is found that virtually all cases of asbestosis are picked up by
one or more of the readers as Category 1/0 or above. The
radiographic appearances are we,11 illustrated in tlie set of standard
films of the ILO 1980 Classification of the radiographic appearances of the pneumoconioses (see PHEUMOCONIOSES, INTERNATIONAL CLASSIFICATION OF). The classification provides
a means of recording the continuum from normality to the most.
advanced stages on a 12- point scale of severity (profusion) and of
extent (zones) affected. The earliest changes usually occur at the
bases with the appearance of small irregular· (linear) opacities
superimposed on the normal branching architecfure of the lung.
-"
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CONSUMER EDUCATION CENIRE v. U.0.1. [K. RAMASWAMY, J.)
641
As the disease advances the extent increases and the profusi.on of A
irregular opacities progressively obscures the normal structures.
Shrinkage of the lung occurs, with elevation of the diaphragm. In
advanced cases distortion of the lung with cysts (honeycomb lung)
and bullae occur. The hilar glands are not enlarged or calcified
unless exposure has been to mixtures of silicious dusts. This may
occur, for example, in malting asbestos roofing shingles or pressure
pipes, and in mining. The small opacities may then be rounded
rather than irregular.
B
The pattern of lung function provides the important third
component in diagnosis. The functional changes are the result of C
a shrunken and non-homogeneous lung, without obstruction of the
larger airways (restrictive syndrome). The total' lung volume is
reduced and especially the forced vital capacity (FVC), but the
ventilatory capacity (FEVl.O) is only reduced in proportion to the
FVC, so the ratio FEV 1.0/FVC is normal or even raised. The D
transfer factor for carbon monoxide is reduced in later stages, but
in the early stage an increase of ventilation on a standard exercise
test may be the only alteration indicating impairment of gas exchange. Although the restrictive syndrome is the commonest pattern (about 40%) in about 10% of cases airway obstruction is the
main feature and in the remainder a mixed pattern is seen. This E
is though to be largely due to the confounding effects of cigarette
smoking.
Visceral pleurisy : chronic and acute - This occurs in two forms -
chronic and acute. The former is the commoner and is a usual F
accompaniment of parenchymal disease, but its severity does not
run parallel with the parenchymal disease. The diagnosis is
radiographic. In some cases one or both of the costophrenic angles
are filled in but the more specific feature is the appearance of well
defined shadow running parallel to the line of the lateral chest wall
and separated from it by a narrow (1-2 mm) clear zone. This is G
due to the thickened pleura seen "~dge on". It is illustrated in the·
l~O 1980 standard set of films. The thickening is best seen in the
middle. and lower third of the lateral chest wall, the apices are
usually spared. It is common in those only lightly exposed to find
this pleural thickening as the only radiographic feature. It is readily H
642
A
B
c
D
E
F
G
SUPREME COURT REPORTS
[1995] 1 S.C.R._
missed when present only over a short length of the wall and if the
radiographic technique does not give a clear picture of the
periphery of the lung. When the visceral pleura is greatly thickened
it causes veiling of the lung field, obscuring both the normal
structure and parenchymal changes. This probably the basis of the
"shaggy heart" and the "ground glass" appearance described in the .
. early accounts of asbestosis. The wide recognition that small areas
of pleural thickening may be the only sign of past exposure to
asbestos is recent, and it seems to be a feature of the effects of
low exposure to the dust. It is likely to remain an important
observation for monitoring exposure to improved conditions in the
future.
Acute pleurisy affecting the bases, and costophrenic angles,
with effusions, sometimes blood-stained, is now a recognised sequel to asbestos dust exposure. It is associated with pain, fever,
leucocytosis and a raised blood sedimentation rate. It settles in a
few weeks but leaves the costophrenic angles obscured. No
precipitating factors have been identified. Its recognition is important. Firstly, the cause may be missed unless and adeq~te occupational history is taken; secondlY. not all effusions in asbestos
workers signify the onset of an asbestos-related cancer. A few
weeks of observation may be necessary to confim the aetiology.
Summary of diagnosis - The diagnosis of asbestosis therefore
depends upon -
(a) a history of significant.exposure to asbestos dust rarely starting
less than 10 years before examination :
(b) radiological feature~ consistent with basel fibrosis (Category
1/0 and over, ILO 1980);
( c) characteristic bilateral crepitations; .
( d) lung function changes consistent with at least some features of
the restrictive syndrome.
Not all the criteria need to be met in all cases but (a) is essential,
(b) should be given greater weight than (c) or (d); however,
H
occasionally ( c) may be sole sign. Other investigations are not of
CONSUMER EDUCATION CENfREv. U.0.1. [K. RAMASWAMY, J.] ·
641
much help. Asbestos bodies in the sputum ~dicate past exposure A
to asbestos but are not diagnostic of asbestosis. Their absence
when there is much sputum and marked radiologic~t changes of
fibrosis suggest an alternative cause for the fibrosis.
Immunological tests may be positive but do not help in consisc
B
tent separation of asbestosis from other types of fibrosis. Lung
function results must be assessed in relation to appropriate standards allowing for ethnic, sex and age differences and for cigarette
..
smoking.
Asbestos corns on the fingers - area of thickening skin sur- c
rounding implanted fibres - are now much less common because
much of the asbestos fibre is packed mechanically and gloves are
worn.