# DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR DIGNITY AND RIGHTS OF , SEWERAGE AND ALLIED WORKERS & OTHERS

- **Citation:** [2011] 12 S.C.R. 34
- **Court:** Supreme Court of India
- **Decided:** 2011-07-12
- **Case number:** Civil Appeal No. 5322 of 2011
- **Bench:** G.S. Singhvi, Asok Kumar -Ganguly
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/delhi-jal-board-v-national-campaign-for-dignity-and-rights-of-sewerage-and-27431
- **Pages:** 50

## Headnote

Constitution of India, 1950 - Article 226 - Interference
C
under - Judicial review - Petitions filed pro bono publico for
protection of the rights of less fortunate and vulnerable
sections of the society- Importance of- Safety and protection
of workers who undertake jobs inherently dangerous to life -
Duty and constitutional obligation of the Court - Respondent
D no.1, engaged in the welfare of sewage workers, filed writ
petition by way of public interest litigation, raising issues
relating to safety and protection of sewage workers -
Whether
the High Court was justified in entertaining the writ petition for
compelling the respondents (in the writ petition) to take
E effective measures for safety of sewage workers and ordering
payment of compensation to the families of the victims of
accidents taking place during sewage operations - Held:
The High Court, by entertaining the writ petition and issuing
directions for protection of the persons employed to do work
F
relating to sewage operations, discharged its obligation to do
justice to the disadvantaged and poor sections of the society
- The superior Courts will be failing in their constitutional duty
if they decline to entertain petitions filed by genuine social
groups, NGOs an<:J social workers for espousing the cause
G of those who are deprived of the basic rights available to every
human being - It is the duty of the judicial constituent of the
State like its political and executive constituents to protect the
rights of every citizen and every individual and ensure that
everyone is able to live with dignity - Courts are not only
H entitled but are under constitutional obligation to take
34
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
35
DIGNITY
cognizance of the issues relating to the fives of the people
A
who .are forced to undertake jobs which are hazardous and
dangerous to life - Some time can always be devoted for
hearing the grievance of vast majority of silent sufferers whose
cause is espoused by bodies like respondent No. 1 -Public
Interest Litigation - Human Rights - Plight of sewage workers.· s
Constitution of India, 1950 - Article 226 - Judicial
interference - Plight of workers employed/engaged for doing
work inherently hazardous and dangerous to life -
Constitutional obligation of the State and its agencies!
instrumentalities or the contractors engaged by them ...., Writ C
petition filed by respondent No. 1 whereupon directions issued
by High Court relating to safety and protection of sewage
workers - Whether the directions given by the High Court
amount to usurpation of the legislative power of the State -
Held: It cannot be said that by issuing directions, the High
D
Court assumed the legislative power of the State - What the
High Court did was nothing except to ensure that those
employed/engaged for doing work~which is inherently
hazardous and dangerous to life are provided with life saving
equipments and the employer takes care of their safety and
E
health - The State and its agencies/ instrumentalities cannot
absolve themselves of the responsibility to put in place
effective mechanism for ensuring safety of the workers
employed for maintaining and cleaning the sewage system
- Human beings employed for doing work in the sewers
F
cannot be treated as mechanical robots, who may not be
.affected by poisonous gases in the manholes - Argument of
choice and contractual freedom not available to appellantpub/ic authority and the like for contesting the issues raised
by respondent No. 1 -
Public Interest Litigation - Human
G
Rights - Plight of sewage workers.
Constitution of India, 1950 - Articles 142 and 136 -
Enhancement of compensation - Exercise of power u/Articfe
142 of the Constitution - Death of sewage workers - Writ
H
36
SUPREME COURT REPORTS
[2011] 12 S.C.R.
A Petition - Interim directions of High Court directing payment
of compensation of Rs.1.5 to 2.25 lakhs to families of
deceased workers -
Challenged by appellant -
Hsld:
Challenge of appellant not tenable - H

## Text

_Characters 0–39,873 of 94,482. This is a partial read: ask again with offset=39873 for what follows._

A
B
[2011] 12 S.C.R. 34
DELHI JAL BOARD
v.
NATIONAL CAMPAIGN FOR DIGNITY AND RIGHTS OF
, SEWERAGE AND ALLIED WORKERS & OTHERS
(Civil Appeal No. 5322 of 2011)
JULY 12, 2011
[G.S. SINGHVI AND ASOK KUMAR -GANGULY, JJ.]
Constitution of India, 1950 - Article 226 - Interference
C
under - Judicial review - Petitions filed pro bono publico for
protection of the rights of less fortunate and vulnerable
sections of the society- Importance of- Safety and protection
of workers who undertake jobs inherently dangerous to life -
Duty and constitutional obligation of the Court - Respondent
D no.1, engaged in the welfare of sewage workers, filed writ
petition by way of public interest litigation, raising issues
relating to safety and protection of sewage workers -
Whether
the High Court was justified in entertaining the writ petition for
compelling the respondents (in the writ petition) to take
E effective measures for safety of sewage workers and ordering
payment of compensation to the families of the victims of
accidents taking place during sewage operations - Held:
The High Court, by entertaining the writ petition and issuing
directions for protection of the persons employed to do work
F
relating to sewage operations, discharged its obligation to do
justice to the disadvantaged and poor sections of the society
- The superior Courts will be failing in their constitutional duty
if they decline to entertain petitions filed by genuine social
groups, NGOs an<:J social workers for espousing the cause
G of those who are deprived of the basic rights available to every
human being - It is the duty of the judicial constituent of the
State like its political and executive constituents to protect the
rights of every citizen and every individual and ensure that
everyone is able to live with dignity - Courts are not only
H entitled but are under constitutional obligation to take
34
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
35
DIGNITY
cognizance of the issues relating to the fives of the people
A
who .are forced to undertake jobs which are hazardous and
dangerous to life - Some time can always be devoted for
hearing the grievance of vast majority of silent sufferers whose
cause is espoused by bodies like respondent No. 1 -Public
Interest Litigation - Human Rights - Plight of sewage workers.· s
Constitution of India, 1950 - Article 226 - Judicial
interference - Plight of workers employed/engaged for doing
work inherently hazardous and dangerous to life -
Constitutional obligation of the State and its agencies!
instrumentalities or the contractors engaged by them ...., Writ C
petition filed by respondent No. 1 whereupon directions issued
by High Court relating to safety and protection of sewage
workers - Whether the directions given by the High Court
amount to usurpation of the legislative power of the State -
Held: It cannot be said that by issuing directions, the High
D
Court assumed the legislative power of the State - What the
High Court did was nothing except to ensure that those
employed/engaged for doing work~which is inherently
hazardous and dangerous to life are provided with life saving
equipments and the employer takes care of their safety and
E
health - The State and its agencies/ instrumentalities cannot
absolve themselves of the responsibility to put in place
effective mechanism for ensuring safety of the workers
employed for maintaining and cleaning the sewage system
- Human beings employed for doing work in the sewers
F
cannot be treated as mechanical robots, who may not be
.affected by poisonous gases in the manholes - Argument of
choice and contractual freedom not available to appellantpub/ic authority and the like for contesting the issues raised
by respondent No. 1 -
Public Interest Litigation - Human
G
Rights - Plight of sewage workers.
Constitution of India, 1950 - Articles 142 and 136 -
Enhancement of compensation - Exercise of power u/Articfe
142 of the Constitution - Death of sewage workers - Writ
H
36
SUPREME COURT REPORTS
[2011] 12 S.C.R.
A Petition - Interim directions of High Court directing payment
of compensation of Rs.1.5 to 2.25 lakhs to families of
deceased workers -
Challenged by appellant -
Hsld:
Challenge of appellant not tenable - However, High Court
should have awarded compensation which could be treated
8 as reasonable - The High Court could have taken note of the
increase in the cost of living and done well to award
compensation of at/east Rs.5 lakhs to the families of those
who died due to negligence of appellant-public authority which
did not take effective measures for ensuring safety of the
C sewage workers - Public Interest Litigation - Human Rights
- Plight of sewage workers.
Public Interest Litigation -
Human Rights - Issue relating
to safety and protection of sewage workers and their
entitlement to grant of compensation - Directions issued by
D High Court in its earlier order dated 20-8-2008 -
Noncompliance with - Held: Directions issued by Supreme Court
to appellant-public authority to ensure compliance of clauses
(a), (b), (d), (e), (f), (g), (i), (k), (m) and (n) of paragraph 9 of
the said High Court order and to also ensure that these
E directions are 'complied with by the contractors engaged by it
for execution of work relating to laying and maintenance of
sewer system within the area of its jurisdiction - Appellant
further directed to ensure that directions given by the High
Court are made part of all agreements which may be
F executed by it with contractors/private enterprises for doing
work relating to sewage system - Constitution of India, 1950
- Article 136.
Respondent no.1, which is engaged in the welfare of
G sewage workers, filed Writ Petition in the Delhi High Court
highlighting the plight of sewage workers and making
various prayers including issue of mandamus directing
the respondents (in the petition) to provide every sewage
worker with protective gears, clothing and equipments,
pay compensation of Rs.10 lacs to the families of the
H
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
37
DIGNITY
workers who died after entering the manhole for sewage A
cleaning and make provision for comprehensive medical
checkup of all the sewage workers and provide them
medical treatment free of cost along with full wages for
the period of illness. The High Court, vide order dated 208-2008, passed interim directions pending final disposal B
of the writ petition C!nd in order to ensure compliance of
such directions constituted a Committee and
subsequently passed order dated 21-4-2009 directing the
appe!!ant-Delhi Jal Board to deposit Rs.79,000/- with the
Delhi High Court Legal Services Committee in addition to c
Rs.1.71 lacs already paid to the families of the deceased
sewage workers.
·
The appellant-Delhi Jal Board contended before this
Court that by entertaining the writ petition filed by
respondent No.1 in the name of public interest litigation D
. and passing orders dated 20-8-2008 and 21-4-2008, the
High Court transgressed the limits of its jurisdiction
under Article 226 of the Constitution and usurped the
legislative power of the State; and that the High Court
committed serious error by directing the appellant to pay E
compensation to the family of the deceased sewage
workers.
The following three questions therefore arose for
consideration in the instant appeal: (1)Whether the High F
Court was justified in entertaining the writ petition filed
by respondent No.1 by way of public interest litigation for
compelling the respondents (in the writ petition) to take
effective measures for safety of sewage workers and
ordering payment of compensation .to the families of the G
victims of accidents taking place during sewage
operations; (2) Whether the directions given by the High
Court amount to usurpation of the legislative power bf the
State, and (3) Whether the High Court was entitled to
issue interim direction for payment of compensation to H
38
SUPREME COURT REPORTS
[2011) 12 S.C.R.
A
the families of deceased workers.
Dismissing the appeal subject to direction regarding
the amount of compensation to be paid by the appellantDelhi Jal Board, the Court
B
HELD:
c
D
E
F
Re: Question No.1:
1.1. It cannot be said that by entertaining petitions
filed by social action groups/activists/workers and NGOs
for espousing the cause of those who, on account of
poverty, illiteracy and/or ignorance and similar other
handicaps, cannot seek protection and vindication of
their constitutional and/or legal rights and silently suffer
due to actions and/or omissions of the State apparatus
and/or agencies/instrumentalities of the State or even
private individuals, the superior Courts exceed the
unwritten boundaries of their jurisdictions. (Para 13] [59H; 60-A-B]
.
1.2. In last 63 years, Parliament and State
Legislatures have enacted several laws for achieving the
goals set out in the preamble but their implementation has
been extremely inadequate and tardy and benefit of
welfare measures enshrined in those legislations has not
reached
millions of poor,
downtrodden
and
disadvantaged sections of the society and the efforts to
bridge the gap between the haves and have-nots have
not yielded the desired result. The most unfortunate part
of the scenario is that whenever one of the three
G constituents of the State i.e., judiciary, has issued
directions for ensuring that the right to equality, life and
liberty no longer remains illusory for those who suffer
from the handicaps of poverty, illiteracy and ignorance
and directions are given for implementation of the laws
H enacted by the legislature for the benefit of the have-nots,
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
39
DIGNITY
a theoretical debate is started by raising the bogey of A
judicial activism or judicial overreach and the orders
issued for benefit of the weaker sections of the society
are invariably subjected to challenge in the higher Courts.
In large number of cases, the sole object of this litigative
exercise- is to tire out those who genuinely espouse the
B
cause of the weak and poor. [Para 15] (61-D-G]
. 1.3. This Court has time and again emphasized the
importance of the petitions filed pro bono publico for
protection of the rights of less fortunate and vulnerable
C
sections of the society. What the High Court has done
by entertaining the writ petition and issuing directions for
protection of the persons employed to do work relating
to sewage operations is part of its obligation to do justice
to the disadvantaged and poor sections of the society.
The superior Courts will be failing in their constitutional
D
duty if they decline to entertain petitions filed by genuine
social groups, NGOs and social workers for espousin{)
. the cause of those who are.deprived of the basic rights
available to every human being, what to say of
fundamental rights guaranteed under the Constitution. It
E
is the duty of the judicial constituent of the State like its
political and executive constituents to protect the rights
of every citizen and every individual and ensure that
everyone is able to live with dignity. Given the option, no
one would like to enter the manhole of sewage system
F
for cleaning purposes, but there are people who are
forced to undertake such hazardous jobs with the hope
that at the end of the day they will be able to make some
money and feed. their family. They risk their lives for the
comfort of others. Unfortunately, for last few decades, a G
substantial segment of the urban society has become
insensitive to the plight of the poor and downtrodden
including those, who, on account of sheer economic
compulsions, undertake jobs/works which are inherently
H
40
SUPREME COURT REPORTS
(2011] 12 S.C.R.
A dangerous to life. People belonging to this segment do
not want to understand why a person is made to enter
manhole without safety gears and proper equipments.
They look the other way when the body of a worker who
dies in the manhole is taken out with the help of ropes
B and cranes. In this scenario, the Courts are not only
entitled but are under constitutional obligation to take
cognizance of the issues relating to the lives of the people
who are forced to undertake jobs which are hazardous
and dangerous to life. It will be a tragic and sad day when
c the superior Courts will shut their doors for those, who
without any motive for personal gain or other extraneous
reasons, come forward to seek protection and
enforcement of the legal and constitutional rights of the
poor, downtrodden and disadvantaged sections of the
0 society. If the system can devote hours, days and
months to hear the elitist class of eminent advocates who
are engaged by those who are accused of evading
payment of taxes and duties or otherwise causing loss
to public exchequer or who are accused of committing
E heinous crimes like murder, rape, dowry death,
kidnapping, abduction and even acts of terrorism or who
come forward with the grievance that their fundamental
right to equality has been violated by the State and/or its
agencies/instrumentalities in contractual matters, some
time can always be devoted for hearing the grievance of
F vast majority of silent sufferers whose cause is espoused
by bodies like respondent No.1. [Paras 16, 20] [61-H; 62A; 67-D-H; 68-A-F]
People's Union for Democratic Rights v. Union of India
G (1982) 3 SCC 235: 1983 (1) SCR 456; Hussainara Khatoon
(IV) v. State of Bihar (1980) 1 SCC 98: 1979 (3) SCR 532;
Municipal Council, Rat/am v. Vardhichan (1980) 4 SCC 162:
1981 (1) SCR 97; State of Uttarancha/ v. Ba/want Singh
Chaufal (2010) 3 SCC 402: 2010 (1) SCR 678 - relied on.
H
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
41
DIGNl1Y
Re: Question No.2:
A
2.1. There have been instances in which this Court
has exercised its-power under Article 32 read with Article
142 and issued guidelines and directions to fill the
vacuum and for ensuring justice to the common man and
8
effective exercise of fundamental rights by the citizens.
[Para 21] [68-G-H; 69-A]
2.2. It cannot be said that by issuing directions, the
High Court has assumed the legislative power of the
State. What the High Court has done is nothing except C
to ensure that those employed/engaged for doing work
which is inherently hazardous and dangerous to life are
provided with life saving equipments and the employer
takes care of their safety and health. The State and its
agencies/instrumentalities cannot absolve themselves of D
the responsibility to put in place effective mechanism for
ensuring safety of the workers employed for maintaining
and c.leaning the sewage system. The human beings
who are employed for doing the work in the sewers
cannot be treated as mechanical robots, who may not be
E
affected by poisonous gases in the manholes. The State
and its agencies/instrumentalities or the contractors
engaged by them are under a constitutional obligation to
ensure the safety of the persons who are asked to
undertake hazardous jobs. The argument of choice and
F
contractual freedom is not available to the appellant and
the like for contesting the issues raised by respondent
No.1. [Para 24] [71-F-H; 72-A-B]
Vishaka v. State of Rajasthan (1997) 6 SCC 241: 1997
(3) Suppl. SCR 404; Vineet Narain v. Union of India (1998)
G
1 SCC 226: 1997 (6) Suppl. SCR 595; Union of India v.
Association for Democratic Reforms (2002) 5 SCC 294: 2002
(3) SCR 696 - relied on.
H
42
SUPREME COURT REPORTS
[2011] 12 S.C.R.
A
Re: Question No.3:
B
3.1. This Court deprecates the attitude of a public
authority like the appellant, which used the judicial
process for frustrating the effort made by respondent
No.1 for getting compensation to the workers, who died
due to negligence of the contractor to whom the work of
maintaining sewage system was outsourced. This Court
also expresses its dismay that the High Court thought it
proper to direct payment of a paltry amount of Rs.1.5 to
2.25 lakhs to the families of the victims. [Para 25] [72-CC E]
3.2. In view of the law laid down in the earlier
judgments of this Court, the appellant's challenge to the
interim directions given by the High Court for payment
o of compensation to the families of the workers deserves
to be rejected. However, the High Court should have
awarded compensation which could be treated as
rea~onable. The High Court could have taken note of the
increase in the cost of living and done well to award
E
F
compensation of atleast Rs.5 lacs to the families of those
who died due to negligence of the public authority like
the appellant who did not take effective measures for
ensuring safety of the sewage workers. This Court could
have remitted the case to the High Court for passing
appropriate
order for
payment of enhanced
compensation but keeping in view the fact that further
delay would add to the miseries of the family of the
victims, this Court deems it proper to exercise power
under Article 142 of the Constitution and direct the
appellant to pay a sum of Rs.3.29 lakhs to the family of
G the victim through Delhi High Court State Legal Services
Committee. This would be in addition to Rs.1.71 lakhs
already paid by the contractor. The appellant shall be
entitled to recover the additional amount from the
H
contractor. Respondent No.1 shall also be entitled to file
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
43
DIGNITY
appropriate application before the High Court for payment A
of enhanced compensation to the families of other
victims; [Paras :30, 31] [81-D; 81-F-H; 82-A-C]
3.3. With a view to obviate further delay in
implementation of the directions contained in the first 8
order passed by the High Court on 20.8.2008, the
appellant is directed to ensure compliance of cla.uses (a),
(b), (d), (e), (f), (g), (i), (k), (m) and (n) of paragraph 9 of the
order and submit a report to the High Court. The appellant
shall also ensure that these directions are complied with C
by the contractors engaged by it for execution of work
relating to laying and maintenance of sewer system within
the area of its jurisdiction. A report to this effect be also
submitted to the High Court. Additionally, it is directed
that in future the appellant shall ensure that the directions
already given by the High Court and which may be given D
hereafter are made part of all agreements which may be ·
executed with contractors/private enterprises for doing
work relating to sewage system. The said directions,
however, do not imply that the appellant and other
agencies/instrumentalities of the State like New Delhi E
Municipal Council, Municipal Corporation of Delhi, Delhi
State Industrial Development Corporation are not required
to comply with the directions given by the High Court.
Rather, they too shall have to submit similar reports. As
regards the other clauses of paragraph 9 of order dated
F
20.8.2008; the High Court may give necessary directions
so that they are complied with and implemented by the
State and its agencies/instrumentalities without any delay.
[Paras 32, 33, 34] [82-C-H; 83-A]
Rudu/ Sah v. State of Bihar (1983) 4 SCC 141: 1983 (3) G
SCR 508; Nilabati Behera v. State of Orissa (1993) 2 SCC
746: 1993 (2) SCR 581; Paschim Banga Khet Mazdoor
Samity v. State of W.B. (1996) 4 SCC 37: 1996 (2) Suppl.
SCR 331; Chairman, Railway Board v. Chandrima Das
H ..
44
SUPREME COURT REPORTS
[2011] 12 S.C.R.
A
(2000) 2 SCC 465: 2000 (1) SCR 480; Common Cause, A
Registered Society v. Union of India (1999) 6 SCC 667: 1999
(3) SCR 1279; State of Rajasthan v. Vidhyawati AIR 1962 SC
933: 1962 Suppl. SCR 989; State of Gujarat v. Memon
Mahomed Haji Hasam AIR 1967 SC 1885: 1967 SCR 938;
B Basavva Korn Dyamangouda Patil v. State of Mysore (1977)
. 4 SCC 358; N. Nagendra Rao and Company v. State of A.P.
(1994) 6 SCC 205: 1994 (3) Suppl. SCR 144; State of
Maharasthra v. Kanchanmala Vijaysing Shirke (1995) 5 SCC
659: 1995 (3) Suppl. SCR 1; M.S. Grewal v. Deep Chand
c Sood (2001) 8 SCC 151: 2001 (2) Suppl. SCR 156; D.K.
D
E
F
G
H
Basu v. State of W.B. (1997) 1 SCC 416: 1996 (10) Suppl.
SCR 284; MCD v. Assn. of Victims of Uphaar Tragedy and
others (2005) 9 sec 586 - relied on.
Case Law Reference:
1983 (1) SCR 456
relied on
Para 16
~979 (3) SCR 532
relied on
Para 17
1981 (1) SCR 97
relied on
Para 18
2010 (1) SCR 678
relied on
Para 19
1997 (3) Suppl. SCR 404 relied on
Para 21
1997 (6) Suppl. SCR 595 relied on
Para 21,22
2002 (3) SCR 696
relied on
Para 21, 23
1983 (3) SCR 508
relied on
Para 25, 28
1993 (2) SCR 581
relied on
Para 26, 28
1996 (2) Suppl. SCR 331 relied on
Para 26
2000 (1) SCR 480
relied on
Para 27, 30
1999 (3) SCR 1279
relied on
Para 27
1962 Suppl. SCR 989
relied on
Para 27
1967 SCR 938
relied on
Para 27
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
45
DIGNITY
(1977) 4 sec 358
relied on
Para 27
1994 (3) Suppl. SCR 144 relied on
Para 27
1995 (3) Suppl. SCR 1
relied on
Para 27
2001 (2) Suppl. SCR 156 relied on
Para 28
1996 (10) Suppl. SCR 284relied on
Para 28
(2005) 9 sec 586
relied on
Para 29
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
5322 of 2011.
From the Judgment & Order dated 21.4.2009 of the High
Court of Delhi at New Delhi in WP No. 5232 of 2007.
A
B
c
Colin Gonsalves, Abhishek Kumar, Ghanshaym Yadav,
Suresh Chandra Tripathy, Ritu Kumar, Jyoti Mendiratta, Asha
G. Nair, Varun Sarin, Anil Katiyar, Surya Kant, Sanjiv Sen,
D
Praveen Swarup, Anuja Chopra, Nikhil Goel, Naveen Goel,
Marsook Bafaki, A. Venayagam Balan for the appearing
parties.
The Judgment of the Court was delivered by
G.S. SINGHVI, J. 1. Leave granted.
2. This appeal filed by Delhi Jal Board for setting aside
· an interlocutory order passed by the Division Bench of the Delhi
High Court whereby it has been directed to deposit Rs. 79,000/
E
- with Delhi High Court Legal Services Committee in addition
F
to Rs.1. 71 lacs already paid to the families of the deceased
worker, namely, Rajan is one of the several thousand cases filed
by the State and/or its agencies/instrumentalities to challenge
the orders passed by the High Courts for ensuring that the goal
of justice set out in the preamble to the Constitution of India is
G
fulfilled, at least in some measure, for the disadvantaged
sections of the society who have been deprived of fundamental
rights to equality, life and liberty for last more than 6 decades.·
The appeal is also illustrative of how the State apparatus is
insensitive to .the safety and well being of those who are, on
H
46
SUPREME COURT REPORTS
[2011] 12 S.C.R.
1 A
account of sheer poverty, compelled to work under most
unfavourable conditions and regularly face the threat of being
deprived of their life.
3. The laws enacted by Parliament and State legislatures
provide for payment of compensation to the legal
B
representatives of those killed in air, rail or motor accident. The
legal representatives of a workman, who dies while on duty in
a factory/industry/establishment get a certain amount of
compensation. Even those who are killed in police action get
compensation in the form of ex-gratia announced by the
C political apparatus of the State. However, neither the law
makers nor those who have been entrusted with the duty of
implementing the laws enacted for welfare of the unorganized
workers have put in place appropriate mechanism for
protection of persons employed by or through the contractors
D to whom services meant to benefit the public at large are
outsourced by the State and/or its agencies/instrumentalities
like the appellant for doing works, which are inherently
hazardous and dangerous to life nor made provision for
payment of reasonable compensation in the event of death.
E
4. Since the legal representatives of the persons who work
in the sewers laid or maintained by the State and/or its
agencies/instrumentalities on their own or through the
contractors and who get killed due to negligence of the
employer do not have the means and resources for seeking
F
intervention of the judicial apparatus of the State, the National
Campaign for Dignity and Rights of Sewerage and Allied
Workers, which is engaged in the welfare of sewage workers
filed Writ Petition No.5232/2007 in the Delhi High Court to
highlight the plight of sewage workers many of whom died on
G account of contemptuous apathy shown by the public authorities
and contractors engaged by them and even private individuals/
enterprises in the matter of providing safety equipments to those
who are required to work under extremely odd conditions. In
paragraphs 4 to 6 and 8 of the petition, the petitioner made
H the following averments:
\
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
47
DIGNITY [GS. SINGHVI, J.]
"4. That the Petition seeks to highlight the plight ofsewage A
workers in Delhi. Delhi generates large quantities of
sewage. At present, the total quantity of sewage
generated is 2871 mid. Delhi Jal Board is responsible for
treatment and disposal of wastewater through a network
of about 5600 km of internal, peripheral and trunk sewers, B
for which approximately 5500 sewage wo'rkers are
employed with Delhi Jal Board for maintenance of the
sewage system and other related works. The working
conditions for sewage workers are such that they are not
only exposed to maximum risk against numerous toxic and C
harmful substances, but also they face suffocation and
accidental deaths, while working. These workers suffer
from high morality and morbidity due to such exposure at
workplace. Hereto marked and annexed as Annexure P1 are the photographs showing the sewage workers of . D
Delhi as photographed by Indian Express. These
photographs tell the sad story of the plight of these workers
as of today.
5. Scores of sewage/manhole workers die every year
doing this work in Delhi. These deaths are rarely E
documented. On 7.5.07 it was reported by Navbharat
Times that in 2003 the following deaths of manhole
workers took place:
Date
Place
Number of Deaths.
F
22 March
Brahmpuri
1
23 March
Shahdara
2
11 April
Shaktinagar
3
25 June
Rithala STP
5
G
July
Connaught Place
3
July
Okhla
1
October
Uttamnagar
4
H
A
B
c
D
E
F
G
H
48
SUPREME COURT REPORTS
[2011] 12 S.C.R.
In 2004 the following deaths took place:
Date
Place
Number of Deaths.
24 May
Vazirpur
3
25 May
Gautampuri
1
11 June
Samaypur
2
July
Vazirpur
2
October
Rohini
2
October
Padpadur
2
Hereto annexed an (Annexure P-2 is the translated copy
of the news article titled 'Thekedaron Ki Laparwahi se ho
rahi hain mauten' appearing in Navbharat Times on
7.05.07.
6. Even in year 2007, on 6.5.07 three sewage workers
Ramemsh, Santosh and Ashish while working inside the
sewer inhaled poisonous gases and died of suffocation.
Hereto marked and annexed as Annexure P-3 is the news
report ?Ppearing in the Times of India dated 7.5.2907. The
accident took place near Madrasi Nallah in front of Vijay
Enclave, Dabri (South West Delhi). The claiming work was
being done in complete violation of the National Human
Rights Commission guidelines. The victims worked
without any helmet or gas masks, which are mandatory,
as stated by NHRC, for the kind of work, they were doing.
Neither there was any first aid kit with the workers nor
artificial respirators and portable ladders were made
available to them by the contractors. Apparently
contractors violated all the rules and guidelines.
8. That, a report has been prepared by Centre for
Education and Communication in collaboration with
Occupational Health & Safety Management Consultancy
Services on "Health & Safety Status of Sewage Workers
in Delhi". The report concludes:
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
49
DIGNITY [G.S. SINGHVI, J.]
"~ .. The workers are suffering from high mortality and
A
morbidity due to exposure at workplace. 33 workers had
died in fast 2 years due to
accidents
while working
on the blocked sewer lines ... Fifty-nine per cent of the
workers enter underground sewer manholes more than 10
times a month and naff of them have to work more than 8
B
ho_urs a day. While working in underground pipelines, an
overwhelming majority of them have had cuts or injuries,
experienced irritation of eyes and suffered from skin rash.
Forty-one workers have reported syncope, and other 24
reported temporary loss of consciousness. A little over one- c
third of the workers had been immunized against tetanus
while none of them had been vaccinated against hepatitis
B.
Approximately 46 percent of workers across all age group
were found to be underweight according to Body Mass
D
Index (BMI) calculation. 37 per cent have less hemoglobin
than the normal range. More than 65 per cent have higher
eosin Phil count (6 per cent) in spite of having normal
leukocyte counts (91 per cent). None of the samples tested
for HBsAg were tested positive. Results of urine
E
examination pointed to irreversible damaged done to the
body organ system.
More than 50 per cent of the pulmonary function tests
results were abnormal. Chest X-rays results further
F
confirmed the loss of functional capacity of the respiratory
system of the workers.
None of the worker has been given any formal
communication by the employer about the hazard present
during the work. None has been trained to provide first aid
G
during any miss-happening ..... usage of other protective
gears like gloves, mask, and shoes were bare minimum.
Even supply of necessary safety gears was not adequate
to meet the requirements.
H
50
SUPREME COURT REPORTS
[2011] 12 S.C.R.
A
All daily wagers were getting a wage of approximately
2950 rupees per months without any other benefit
irrespective of service period.""
The petitioner then referred to order dated 15.6.2006
8
passed by the Gujarat High Court in Special Civil Application
No. 8989/2001 - Kamdar Swasthya Suraksha Mandal and
Special Civil Application No.11706/2004 - the Manhole
Workers Union and Lok Adhikar Sangh and made various
prayers including issue of a mandamus directing the
respondents to provide every sewage worker with protective
C
gears, clothing and equipments in terms of the order passed
by the Gujarat High Court in the two Civil Special Applications,
pay compensation of Rs.10 lacs to the families of the workers
who died after entering the manhole for sewage cleaning and
make provision for comprehensive medical checkup of all the
D
sewage workers and provide them medical treatment free of
cost along with full wages for the period of illness.
5. After taking cognizance of the averments contained in
the writ petition, the Division Bench of the High Court issued
E
notice to the respondents and also made a request to one of
the Judges - Dr. Justice S. Muralidhar, to make an attempt to
find out workable solution to the problems faced by sewage
workers. The learned Judge heard the representatives of the
writ petitioner, appellant and other instrumentalities of the State,
F
examined the documents produced by them and passed order
dated 5.4.2008 incorporating therein several suggestions for
protection of the workers engaged in cleaning of manhole etc ..
The Division Bench of the High Court, considered the
suggestions made by Dr. Justice S. Muralidhar, the affidavits
and documents filed by the appellant and the New Delhi
G Municipal Council and passed detailed order dated 20.8.2008,
paragraphs 9 and 10 of which read as under:
H
"9. Having considered the various reports made by the
concerned agencies and also the submissions made by
..
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
51
DIGNITY [G.S. SINGHVI, J.]
the concerned agencies and also the submissions made ·A
at the bar, we pass the following interim directions pending
final disposal of this writ petition:
(a) The medical examination and medical treatment will
be given free of charge to sewer workers and the treatment
B
will continue for all such workers found to be suffering from
an occupational disease, ailment or accident until the
workman is cured or until death.
(b) The services of the sewer workers are not to be
terminated, either by the respondents or the contractors
engaged by them, during the period of illness and they
shall be treated as if on duty and will be paid their wages.
(c) Compensation shall be paid by the respondents and
recoverable from the contractors, if permissible in law, to
all the workmen suffering from any occupational disease,
ailment or accident in accordance with the provisions of
the Workmen's Compensation Act, 1923.
(d) The respondents shall pay on the death of any worker,
including any contract worker, an immediate ex-gratia
solatium of Rs. One lac with liberty to recover the same
from contractors, if permissible in law.
(e) The respondents shall pay I enslire payment of all
statutory dues such as Provident Fund, Gratuity and Bonus
to all the sewer workers, including contract workers, as
applicable in law.
(f) The respondents shall provide as soon as possible
modern protective equipments to all the sewer workers in
consultation with the petitioner organization.
(g) The respondents shall provide soap and oil to all the
workmen according to the present quota, but on monthly
basis and not at the end of the year.
c
D
E
F
G
H
A
B
c
D
E
F
G
H
52
SUPREME COURT REPORTS
[2011] 12 S.C.R.
(h) The respondents shall provide restrooms and canteens,
in accordance with the DJB model rules, including therein
first-aid facilities, safe drinking water, washing facilities,
latrines and urinals, shelters, creches and canteens as set
out in the model rules. There are to be provided at what is
known as 'stores' which are the places where the workers
assemble to give their attendance and from where they
depart to their respective work sites.
(i) The respondents shall provide all workman, including
contract workmen, with an accident-card-cum-wage-slip as
set out i.n clause 8 of the C.P.W.D./PWD (DA)/Delhi Jal
Board Contractors Labour Regulations (for short "Labour
Regulations").
0) The respondents shall provide all workers, including
contract workers, employment cards as set out in clause
9 of the Labour Regulations ·and, on termination of
services provide the contract workers and others with a
. service certificate as set out in clause 10 of the Labour
Regulations.
(k) The respondents shall authenticate by signing the
payment of wages register for contract workers in terms
of clause 5 of the Labour Regulations.
(I) The respondents shall submit to this court and to the
petitioner within four weeks from today the full list of contract
workers and contractors engaged for work relating to the
sewers together with the wages paid to such workmen and
the number of years of employment of the workers.
(m) The DJB is directed to ensure that the ex-gratia
payment in case of deaths of sewer workers has been
paid to the families of deceased workmen and in case
such compensation is not paid, release the same within a
period of eight weeks.
· DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
53
DIGNITY [G.S. SINGHVI, J.]
(n) NDMC is directed to pay ex gratia payment of Rs. one
A
lac each in respect of the accident of 7th December, 2003
where three persons working under the NDMC contractors
died, with liberty to recover the same from the contractor,
if permissible in law.
(o) The DJB and NDMC are directed to hold an inquiry into
8
deaths of sewer workers referred to in paragraphs 15 and
16 of the written submission of the petitioner dated 22nd
July, 2008 and submit a report to this Court within a period
of eight weeks. If it is found that the contract workers in
question were working under the contractors employed by
C
NDMC/DJB, ex-gratia compensation of Rs. One lac shall
be released forthwith to the families of the victims subject
to right of recovery from contractors in accordance with
law.
D
(p) The respondents shall place on record a map showing
the areas within the NCO (1) where no sewage facilities
are available (2) where modern machinery cannot enter
due to narrow lanes or otherwise (3) the areas serviced
by modern machinery and (4) critical area where frequent
E
deaths, accidents and blockages occur, it shall be done
within three months from today.
(q) Lastly, the respondents are directed to place on record
the proposals and plans to phase out manual work and
replace it with mechanized sewer cleaning, as envisaged
by DJB as well as NDMC, which shall be done within three
months.
10. In order to ensure the compliance of the above
:irections, we constitute a Committee consisting of:
(i) Mr. S.R. Shankaran, IAS retired Chief Secretary to the
Government of Tripura, Chairman:
F
G
(ii) One officer each to be nominated by NDMC, DOA and
DJB respectively, who shall not be less than the rank of
H
A
B
54
SUPREME COURT REPORTS
[2011] 12 S.C.R.
Under Secretary to the Government of India.
(iii) Joint Secretary of the Social Welfare Department,
Government of NCT of Delhi to be nominated by the
Secretary of that Department who shall be the Convener
of the committee.
(iv) One representative of the petitioner organization."
6. While the Committee constituted by the High Court was
examining various issues concerning the sewage workers
C including their health and safety, Hindustan Times (Metro Delhi
State Industrial Development Corporation, it was claimed that
the deceased workers were not employed by or through them.
However, during the course of hearing, learned counsel
appearing on behalf of the appellant and other authorities
conceded that as per the Fl Rs., the workers had died because
D they were not provided with protective gears before being
asked to work in the manholes.
9. After considering the affidavits filed by the State
agencies and the arguments made i...ofore it, the Division Bencti
E of the High Court passed order dated 21.4.2009 (impugned
order), the relevant portions of which read as under:
"On going through the FIR, however, it is clearly seen that
the affidavit filed on behalf of DJB is completely
misleading. It is seen from the FIR that the victim Rajan
F
and another workman, namely, Raj Kumar went inside the
sewer through stairs. Before going down they had asked
the official of the contractor for safety equipments and
oxygen masks, but the official of the contractor did not pay
heed to their requests. It is further seen from the FIR that
G
they were working in the same manner for the last one
week but despite repeated requests made to the
contractor they were not provided with safety equipments
and oxygen masks. It is further seen that they were painting ·
the sewer and due to presence of toxic gases and lack of
H
oxygen in the sewer, Rajan became unconscious and
DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR
55
DIGNITY [G.S. SINGHVI, J.]
ultimately declared to be dead when he was taken to the A
hospital. The other workman was feeling giddy and fell
down and sustained injurie~ on his face.
Learned counsel appearing for the DJB conceded
that protective equipments were not provided by the DJB
in spite of the directions issued by this Court vide order 8
dated 20th August, 2008. According to him the
responsibility was of the contractor to provide safety
equipments as per the contract. It is clear that the sewage
workers were left at the mercy of the contractor who failed
to take basic precautions resulting in death of workman C
Rajan.
Insofar as the death that occurred within the
jurisdiction of ODA, it has been stated in its affidavit that
no work of de-silting of sewage lines or otherwise was in o
progress in the concerned division of ODA in which the .
accident took place. It was stated that possibly some local
residents had employed a person by the name Rakesh
Kumar on their own to check the ·particular manhole, in
which the incident took place. During the course of E
arguments, however, learned counsel for ODA conceded
that the affidavit does not reflect the correct position. He
admitted that Rakesh Kumar Saini was entrusted with the
work of desilting of the sewage lines, but according to him
the contract was completed in December, 2008. Further,
F
according to him though the contract provided for a
warranty period six months, the contractor could not have
carried out any further work in the sewage line without prior
permission of the DOA.