Supreme Court of India
OCCUPATIONAL HEALTH AND SAFETY ASSOCIATIONversusUNION OF INDIA AND OTHERS
- Citation
- 2014 INSC 72
- Decided
- 31 January 2014
- Disposal
- Disposed off
- Bench
- K S RADHAKRISHNAN
Holding
The right to health is a fundamental right under Article 21, and the Supreme Court should refer the detailed examination of occupational safety in CFTPPs to the respective High Courts.
Summary
The Occupational Health and Safety Association filed a writ petition under Article 32 seeking directions for the framing of occupational safety and health guidelines for workers in coal‑fired thermal power plants (CFTPPs) and compensation for occupational diseases. The Court examined whether the right to health and a safe working environment is a fundamental right under Article 21, reading it in conjunction with the Directive Principles of State Policy. It held that the right to health is indeed a fundamental right and that the State has a double‑fold duty to protect workers in hazardous occupations. While the Court noted that the Central Government had already accepted several of the petitioner's suggestions, it found that issues relating to safe waste handling and the appointment of an expert committee required further scrutiny. Consequently, the Court declined to frame detailed guidelines itself and directed the respective High Courts, with the assistance of State Governments, to examine compliance with safety standards and to ensure effective health delivery systems for CFTPP workers. The writ petition was disposed of.
Issues considered
- The right to health and a safe working environment for workers in hazardous occupations is a fundamental right under Article 21 of the Constitution.
- Whether the Supreme Court can issue detailed occupational safety guidelines for coal‑fired thermal power plants.
- The extent of the State's duty to protect workers in hazardous occupations under the Directive Principles.
- Whether the matter should be examined by the High Courts rather than the Supreme Court.
Legislation cited
Subjects
Right to healthArticle 21Occupational safetyCoal‑fired thermal power plantsDirective Principles of State PolicyFundamental rightsEnvironmental lawWorkers' healthSupreme CourtHigh CourtsGuidelines
Judgment
[2014] 4 S C.R. 10
A OCCUPATIONAL HEALTH AND SAFETY ASSOCIATION
V.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 79 of 2005)
JANUARY 31, 2014
B
[K.S. RADHAKRISHNAN AND A.K. SIKRI JJ.]
CONSTITUTION OF IND/A, 1950:
c Art. 21 rlw Arts. 39, 41 and 42 - Right to health - Workers
working in Coal Fired Thermal Power Plants(CFTPPs) -
Exposed to serious health hazards and occupational health
disorders - Held: Right to live with human dignity enshrined
in Art. 21 derives its life breath from the Directive Principles
0 of State Policy, particularly clauses (e) and (f) of Art. 39, Arts.
41 and 42 -- Those Articles include protection of health and
strength of workers and just and humane conditions of work -
- When workers are engaged in such hazardous and risky
jobs, then responsibility and duty on State is double-fold --
Occupational health and safety issues of CFTPPs are
E associated with thermal discharge, air and coal emission, fire
hazards, explosion hazards etc. -- Necessity for constant
supervision and the drive to mitigate harmful effects on
workers is of extreme importance -- CFTPPs are spread over
various States in the country - It would be appropriate for
F respective High Courts to examine whether CFTPPs are
complying with safety standards and the rules and regulations
and the issues projected in the judgment relating to the health
of the employees working in various CFTPPs within their
jurisdiction - The matter is, therefore, relegated to High Courts
G to examine the issues with the assistance of State
Governments after calling for necessary Reports from the
CFTPPs situated in their respective States.
The Petitioner, a non-profit occupational health and
H 10
OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 11
UNION OF INDIA
safety organization, filed the instant writ petition in order A
to seek, inter alia, directions of the Court to frame
guidelines with respect to occupational safety and health
regulations to be maintained by various Coal Fired
Thermal Power Plants (CFTPPs) for their workers
throughout the country. The petitioner highlighted B
serious diseases the workers working in thermal plants
were suffering for over a period of years. The Report
produced by the petitioner would indicate that half of the
workers had lung function abnormalities, pulmonary
function test abnormalities, senor neuro loss, skin c
diseases, asthama, and so on. The Court in its interim
order on 30.1.2008 noted 9 main suggestions put forward
before it. It was pointed out that suggestions no.1 to 7
were accepted by the Central Government as they were
broadly covered in various existing enactments and
0
consequently pro-occupational action would be taken for
effective implementation of the relevant laws, in
particular, areas covered by those suggestions. As
regards suggestion nos. 8 and 9 it was stated that Central
Government would examine their implementation. The
Court had also directed the Ministry of Labour to take E
steps to see that those suggestions and relevant
provisions of the various Labour Acts are properly
implemented to protect the welfare of the employees.
Disposing of the petition, the Court F
HELD: 1.1 Right to health i.e. right to live in a clean,
hygienic and safe environment is a right flowing from Art.
21 of the Constitution of India. For eking a livelihood and
for national interest, many employees work in G
dangerous, risky and unhygienic environment. Right to
live with human dignity enshrined in Art. 21 derives its life
breath from the Directive Principles of State Policy,
particularly clauses (e) and (f) of Art. 39, Arts. 41 and 42
of the Constitution. Those Articles include protection of
H
12 SUPREME COURT REPORTS [2014] 4 S.C.R.
A health and strength of workers and just and humane
conditions of work. Those are minimum requirements
which must exist to enable a person to live with human
dignity. Every State has an obligation and duty to provide
at least the minimum condition ensuring human dignity.
B But when workers are engaged in such hazardous and
risky jobs, then the responsibility and duty on the State
is double-fold. Occupational health and safety issues of
CFTPPs are associated with thermal discharge, air and
coal emission, fire hazards, explosion hazards etc. Dust
c emanates also contain free silica associated with silicosis,
arsenic leading to skin and lung cancer, coal dust leading
to black lung and the potential harmful substances.
Necessity for constant supervision and the drive to
mitigate the harmful effects on the workers is of extreme
importance. [para 10] [18-G-H; 19-A-C]
0
Consumer Education & Research Centre and others v.
Union of India and others 1995 (1) SCR 626 = (1995) 3 SCC
42-relied on.
E 1.2 Since the Central Government has already
accepted suggestions no.1 to 7, suggestions no.8 and 9,
need to be addressed. The National Institute of
Occupational Health (NIOH) in its report in 2011 has
already made its recommendations with respect to the
F suggestions made by this Court in its order dated 30.1.
2008. The issue calls for serious attention. CFTPPs are
spread over various States in the country. It would not
be practicable for this Court to examine whether CFTPPs
are complying with safety standards and the rules and
G regulations relating to the health of their employees.
These aspects could be better examined by the
respective High Courts in whose jurisdiction these power
plants are situated. The High Courts should examine
whether there is adequate and effective health delivery
system in place, whether there is any evaluation of
H
OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 13
UNION OF INDIA
occupational health status of the workers and whether A
any effective medical treatment is meted out to them.
[para 10,11, 16 and 17] [19-E-F; 24-E-G]
1.3 Therefore, it is appropriate to relegate the matter
to the respective High Courts to examine these issues
8
with the assistance of the State Governments after calling
for necessary Reports from the CFTPPs situated in their
respective States. It is made clear that the Report of NIOH
titled "Environment, Health and Safety Issues in Coal
Fired Thermal Power Plants of the year 2011 is not at all
comprehensive tn certain aspects and the respective C
High Courts C"'11 examine the issues projected in this
Judgment independently after calling for the reports
. about the CFTPPs' functioning in their respective States.
The Registrar Generals of the High Courts should place
this Judgment before the Chief Justices of the respective D
States so as to initiate suo moto proceedings in the larger
interest of the workers working in CFTPPs in the
respective States. [para 7,18-19] [24-H; 25-A; 26-A, B-C]
Case Law Reference: E
1995 (1) SCR 626 relied on para 9
CIVIL ORIGINAL JURISDICTION : Under Article 32 of the
Constitution of India.
Writ Petition (Civil) No. 79 of 2005.
F
Colin Gonsalves, Divya Jyoti, Jyoti Mendiratta for the
Petitioner.
P.P. Malhotra, ASG, Kiran Bhardwaj, N.K. Kaushal, G
Gaurav Sharma, Sushma Suri, Anil Katiyar, V.K. Verma for the
Respondents.
The Judgment of the Court was delivered by
H
14 SUPREME COURT REPORTS [2014] 4 S.C.R.
A K.S. RADHAKRISHNAN, J. 1. The Petitioner, a non-profit
occupational health and safety organization, registered under
the Societies Registration Act, 1860, has invoked the extra-
ordinary jurisdiction of this Court under Article 32 of the
Constitution of India seeking the following reliefs :-
B
a. To issue a writ of mandamus or any other
appropriate writ, order, or direction directing the
Respondents to frame guidelines with respect to
occupational safety and health regulations to be
maintained by various industries;
c
b. To issue a writ of mandamus or any other
appropriate writ, order or direction directing
respondents to appoint and constitute a committee
for the monitoring of the working of thermal power
D plants in India and to keep check on the health and
safety norms for the workers working in their power
stations;
c. To issue a writ of mandamus or any other
appropriate writ, order or direction directing the
E
respondents to pay compensation to the workers
who are victims of occupational health disorders
and to frame a scheme of compensation for
workers in cases of occupational health disorders;
F d. To issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents to notify the recommendations as
contained in paragraph 35 of the Petition as
guidelines to be followed by thermal power plant.
G
2. The Petitioner represents about 130 Coal Fired Thermal
Power Plants (CFTPPs) in India spread over different States
in the country, but no proper occupational health services with
adequate facilities for health delivery system or guidelines with
H respect to occupational safety are in place. Factories Act,
OCCUPATIONAL HEALTH ANO SAFETY ASSN. v. 15
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
Boilers Act, Employees' State Insurance Act, Compensation A
Act, the Water (Prevention and Control of Pollution) Act, the Air
(Prevention and Control of Pollution) Act, Environmental
Protection Act, etc. are in place, but the lack of proper health
delivery system, evaluation of occupational health status of
workers, their safety and protection cause serious occupational B
health hazards.
3. The Petitioner herein filed I.A. No.1 of 2005 and 2 of
2007 and highlighted the serious diseases, the workers
working in thermal plants are suffering from over a period of C
years. The Report produced by the Petitioner would indicate
that half of the workers have lung function abnormalities,
pulmonary function test abnormalities, senor neuro loss, skin
diseases, asthama, and so on. This Court noticing the same,
passed an interim order on 30.1.2008, after taking note of the
various suggestions made at the Bar to reduce the D
occupational hazards of the employees working in various
thermal power stations in the country. Following are the main
suggestions put forward before this Court :
1. Comprehensive medical checkup of all workers in E
all coal fired thermal power stations by doctors
appointed in consultation with the trade unions. First
medical check up to be completed within six
months. Then to be done on yearly basis.
2. Free and comprehensive medical treatment to be F
provided to all workers found to be suffering from
an occupational disease, ailment or accident, until
cured or until death.
3. Services of the workmen not to be terminated G
during illness and to be treated as if on duty.
4. Compensation to be paid to workmen suffering
from any occupational disease, aliment or accident
in accordance with the provisions of the Workmen's H
16 SUPREME COURT REPORTS [2014] 4 S.C.R.
A Compensation Act, 1923.
5. Modern protective equipment to be provided to
workmen as recommended by an expert body in
consultation with the trade unions.
B 6. Strict control measures to be immediately adopted
for the control of dust, heat, noise, vibration and
radiation to be recommended by the National
Institute of Occupational Health (NIOH)
Ahmadabad, Gujarat.
c
7. All employees to abide by the Code of Practice on
Occupational Safety and Health Audit as developed
by the Bureau of Indian Standards.
8. Safe methods be followed for the handling,
D collection and disposal of hazardous waste to be
recommended by NIOH.
9. Appointment of a Committee of experts by NIOH
including therein Trade Union representatives and
E Health and Safety NGO's to look into the issue of
Health and Safety of workers and make
recommendations.
4. Mr. P.P. Malhotra, learned Additional Solicitor General,
submitted that the suggestions no.1 to 7 have been accepted
F by the Central Government stating that they are broadly covered
in various existing enactments and consequently pro-
occupational action would be taken for effective implementation
of the relevant laws, in particular, areas covered by those
suggestions. After recording the above submissions, this Court
G had also directed the Ministry of Labour to take steps to see
that those suggestions and relevant provisions of the various
Labour Acts are properly implemented to protect the welfare
of the employees. Learned ASG also submitted before the
Court that the Central Government would examine whether the
H remaining two suggestions i.e. '5Uggestion nos.8 and 9 could
OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 17
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]'
be implemented and, if so, to what extent. A
5. The Writ Petition again came up for hearing before this
Court on 6.9.2010 and this Court passed the following order:
"Vide order dated January 30, 2ooa. Respondent No.1
had agreed to Guideline Nos.1 to 7. B
However, time was taken to consider Guidelines Nos.a
and 9, which primarily dealt with the appointment of
Committee of Experts by NIOH. The constitution of that
Committee is also spelt out in Guideline No.9. Today, when C
the matter came up for hearing before this Court, learned
Solicitor General stated that the Committee of Experts has
been duly constituted by NIOH and it will submit its status
report on the next occasion.
D
The writ petition shall stand over for eight weeks."
6. The Government of India later placed a Report of the
Committee prepared by the National Institute of Occupational
Health (NIOH) titled Environment, Health and Safety Issues in
Coal Fired Thermal Power Plants of the year 2011. E
7. Shri Colin Gonsalves, learned senior counsel, referring
to the above-mentioned Report, submitted that the Union of
India as also the Committee have misunderstood the scope of
the suggestion nos.a and 9. Learned senior counsel submitted F
that not much importance was given to the serious health
problems being faced by the workers who are working in the
thermal power plants and the treatment they require as well as
the payment of wages and compensation to those workers who
are suffering from serious illness. Learned senior counsel G
pointed out that some urgent steps should be taken to ensure
the health and safety of the workers, through comprehensive
and timely medical examinations, follow-up treatment as well
as to provide compensation for the serious occupational
diseases they are suffering from. Even these vital aspects,
H
18 SUPREME COURT REPORTS [2014] 4 S.C.R.
A according to the learned senior counsel, have been completely
overlooked by the Committee.
8. Learned ASG submitted that the Report of the NIOH is
comprehensive and all relevant aspects have been taken care
B of and that there are several laws to protect the health and
safety of the workers who are working in the various thermal
power stations in the country. Learned ASG also submitted that
the Committee has recommended the need of occupational
health services with adequate facilities for health delivery
c system and that all power generating authorities must have well
defined sector-specific occupational ·health safety and
environmental management framework. Learned ASG also
submitted that the Report would be implemented in its true letter
and spirit.
D 9. This Court in Consumer Education & Research Centre
and others v. Union of India and others (1995) 3 sec 42. has
,held that the right to health and medical care to protect one's
health and vigour, while in service or post-retirement, is a
fundamental right of a worker under Article 21 read with Articles
E 39(e), 41, 43, 48-A and all related Articles and fundamental
human rights to make the life of the workman meaningful and
purposeful with dignity of person. The Court held that the
compelling necessity to work in an industry exposed to health
hazards due to indigence to bread-winning for himself and his
F dependents should not be at the cost of health and vigour of
the workman.
10. Right to health i.e. right to live in a clean, hygienic and
safe environment is a right flowing from Article 21. Clean
G surroundings lead to healthy body and healthy mind. But,
unfortunately, for eking a livelihood and for national interest,
many employees work in dangerous, risky and unhygienic
environment. Right to live with human dignity enshrined in Article
21 derives its life breath from the Directive Principles of State
H Policy, particularly clauses (e) and (f) of Articles 39, 41 and 42.
OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 19
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
Those Articles include protection of health and strength of A
workers and just and humane conditions of work. Those are
minimum requirements which must exist to enable a person to
live with human dignity. Every State has an obligation and duty
to provide at least the minimum condition ensuring human
dignity. But when workers are engaged in such hazardous and s
risky jobs, then the responsibility and duty on the State is
double-fold. Occupational health and safety issues of CFTPPs
are associated with thermal discharge, air and coal emission,
fire hazards, explosion hazards etc. Dust emanates also contain
free silica associated with silicosis, arsenic leading to skin and c
lung cancer, coal dust leading to black lung and the potential
harmful substances. Necessity for constant supervision and to
the drive to mitigate the harmful effects on the workers is of
extreme importance.
11. India is one of the largest coal producing countries in D
the world and it has numerous CFTPPs requiring nearly 440
million tons of coal per year. We have about 130 CFTPPs in
India. The thermal power plants generate about two-third of the
electricity consumed in India, while 54.3% of the energy
demand is met by coal fired power generation. The NIOH in E
its Report in 2011 has already made its recommendations with
respect to the suggestions made by this Court in its order dated
30.1.2008. Since the Central Government has already accepted
suggestions no.1 to 7, at the moment we are concerned with
suggestions no.8 and 9, which we reiterate as follows :- F
"8. Safe methods be followed for the handling, collection
and disposal of hazardous waste to be recommended by
NIOH.
9. Appointment of a Committee of experts by NIOH G ·
including therein Trade Union representatives and Health
and Safety NGO's to look into the issue of Health and
Safety of workers and make recommendations."
H
20 SUPREME COURT REPORTS [2014) 4 S.C.R.
A 12. The Report in para 4.1.2 has referred to various health
hazards and the same is reproduced hereinbelow :-
"4.1.2 General
• Use of Hazardous Material for Insulation: Certain
B
materials such as asbestos, glass wool etc. are
used for insulation. These materials are highly
dangerous to human health, if inhaled or if
contacted with the eye/skin surface. While handling
such materials, the PPE should be provided to the
c workers as well as proper disposal of waste
asbestos and glass wool should be ensured.
Nowadays, safer substitutes, such as p-aramid,
polyvinyl alcohol (PVA), cellulose, polyacrylonitrile,
glass fibres, graphite are available, the use of which
D may be explored.
• Compliance with the provisions of the Environment
(Protection) Act and its amendments from time to
time applicable for the power plants with respect to
E emission and discharge, ash utilization and
hazardous waste management should be ensured
to protect the ambient environment as well as
maintain safe and healthy working conditions for the
workers.
F • The generated fly ash need to be utilized as per the
CPCB annual implementation report on fly ash
utilization (2009-10) that 100% utilization to be
achieved by the power plants, within 5 years from
the date of notification (refer to Table 17, page 48).
G For new CFTPPs, the fly ash utilization needs to be
regulated as per the schedule given in Table 17.
• It is desirable that the coal handling facilities are
mechanized and automated to the extent possible.
H
OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 21
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
• Occupational health services should be provided for A
wide range benefit to the workers. Broadly, it should
contain the facilities for occupational health delivery
system with trained manpower and infrastructure
including investigational facilities, environmental
assessment, evaluation of occupational health B
status and first aid training of the workers on regular
basis. These services should be independent and
separate from hospital services (curative service)
but should function in liaison with the curative
service.
c
• Periodic awareness programmes regarding the
health and safety with active involvement of the
workers should be organized, covering each
individual with the minimum annual average
, duration of 8 hours per worker. Regular community D
level awareness programmes may be organized in
the vicinity of the plant for the family members of the
workers.
• Periodic medical examination (PME), as required E
under the Factories Act should be undertaken.
Ho~ever, the investigations performed under the
PME should be relevant to the job exposures. Since
coal/ash handling workers are prone to dust
expos-ure related dise'ases, due attention, is
F
required to those workers. In case of need, the
frequency of PME may be scheduled, based on
observation of the health check-up information.
Providing PPE and re-locating of job for those
workers may also be considered.
G
• As per recommendations of the Factories Act, the
workers need to be examined radiologically (chest
X-ray) on yearly basis. However, in order to avoid
unnecessary exposure of the human body to the
radiation, the regular yearly chest X-ray is not H
22 SUPREME COURT REPORTS [2014] 4 S.C.R.
A recommended, unless urgent and essential.
Considering the latency period of development of
pneumoconiosis, it is recommended to undergo
chest X-ray every two years for initial 10 years and
based on the progression, re-scheduling may be
8 adopted. After 10 years it should be done on yearly
basis or earlier depending on the development and/
or progression of the disease.
• Health records should be maintained in easily
retrievable manner, preferably in electronic form.
c The provision should be made to recall the worker,
as and when his or her check up is due. Pre-
placement medical examination and proper
documentation of records should be mandatory.
D • A comprehensive document on environment, health
and safety specific to coal based thermal power
projects should be framed. It should cover the legal
provisions, management system, best practices,
safe operating procedures, etc. for various areas
E of thermal power plants. This will serve as a
reference document for effective implementation of
the provisions.
• All CFTPPs should have environmental and
occupational health and safety management
F systems in place, which are auditable by third party,
approved by the Govt of India (Ministry of Power).
Participatory management regarding health and
safety at plant level may be ensured.
G • The occupier of the CFTPP shall be responsible for
the compliance of provisions of the Factories' Act
for casual/contractual labour on health and safety
issues. In case of women workers, the provisions
of the Factories' Act, as applicable, shall be given
H attention.
OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 23
UNION OF !NOIA [K.S. RADHAKRISHNAN, J.]
13. Para 3.1.2 of the Report specifically refers to the A
occupational health and safety issues of workers in CFTPPs.
The Report also refers to the hazards associated with (a) dust,
(b) heat, (c) noise, (d) vibration, (e) radiation, and (f) disposal
of waste. After dealing with those health hazards, the
Committee has stated that the hazards associated with B
inhalation of coal dust might result in development of dust
related morbidity in the form of pneumoconiosis (coal workers
pneumoconiosis, silicosis) and non-pneumoconiotic persistent
respiratory morbidities, such as chronic bronchitis,
emphysema, asthma, etc. Further, it also poi'nted out that c
whenever asbestos fibres are used for insulation and other
purposes, the possibility of asbestosis among workers due to
inhalation of asbestos fibres cannot be ruled out. The Report
also says that other morbidities because of exposure to fly ash,
including metallic constituents such as lead, arsenic, and
0
mercury might also be present. Due to exposure to other
chemicals used in different operations of CFTPP, the Report
says, may also be responsible to adversely affect human
health.
14. Report further says that occupational exposure to high E
heat in different thermal power plants may also cause heat
related disorders, like heat exhaustion. Noise and vibration
exposures in higher doses than the permissible limits may
result in noise-induced hearing loss, raised blood pressure,
regional vascular disorders, musculo-skeletal disorders, human F
error, productivity loss, accidents and injuries. Radiation
hazards particularly from the generated fly ash and its used
products have also been indicated of possible health risks.
Different chemicals that are often being used in CFTPPs, such
as chlorine, ammonia, fuel oil, and released in the working and G
community environment may be responsible for wide range of
acute as well as chronic health impairments. Since large
quantities of coal, other fuels and chemicals are stored and
used in CFTPPs, the risks of fire and explosion are high, unless
special care is taken in handling the materials. It may cause H
24 SUPREME COURT REPORTS [2014] 4 S.C.R.
A fire and explosion. Further, it may also be pointed out that in
various work operations for manual materials handling, the
workers are subjected to high degree of physical stress, with
potential risks of musculo-skeletal disorders and injuries.
8 15. In para 3.1.5 the Report suggests certain protective
measures for health and safety and.also steps to be taken for
emergency preparedness on spot/off-spot emergency plans
and also the measures to be adopted for social welfare.
16. We may notice, the recommendations made are to be
C welcomed, but how far they are put into practice and what
preventive actions are taken to protect the workers from the
serious health-hazards associated with the work in CFTPPs
calls for serious attention. Many workers employed in various
CFTPPs are reported to be suffering from serious diseases
D referred to earlier. What are the steps taken by CFTPPs and
the Union of India and the statutory authorities to protect them
from serious health hazards and also the medical treatment
extended to them, including compensation etc. calls for detailed
examination.
E
17. We notice that CFTPPs are spread over various States
in the country like Uttar Pradesh, Chhattisgarh, Maharashtra,
Andhra Pradesh, and so on, and it would not be practicable
for this Court to examine whether CFTPPs are complying with
F safety standards and the rules and regulations relating to the
health of the employees working in various CFTPPs throughout
the country. We feel that these aspects could be better
examined by the respective High Courts in whose jurisdiction
these power plants are situated. The High Court should
examine whether there is adequate and effective health delivery
G system in place and whether there is any evaluation of·
occupational health status of the workers. The High Court
should also examine whether any effective medical treatment
is meted out to them. ·
H 18. We, therefore, feel that it is appropriate to relegate it ~
OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 25
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
to the various High Courts to examine these issues with the A
assistance of the State Governments after calling for necessary
Reports from the CFTPPs situated in their respective States.
For the said purpose, we are sending a copy of this Judgment
to the Chief Secretaries of the respective States as well as
Registrar Generals of the High Courts of the following States : B
(a) Uttar Pradesh
(b) Chhattisgarh
(c) Maharashtra c
(d) Andhra Pradesh
(e) West Bengal
(f) Madhya Pradesh D
(g) Bihar
(h) Orissa
(i) Haryana E
0) Rajasthan
(k) Punjab
(I) Delhi/NCT Delhi F
(m) Gujarat
(n) Karnataka
(o) Kera la G
(p) Tamil Nadu
(q) Jharkhand
(r) Assam H
26 SUPREME COURT REPORTS [2014] 4 S.C.R.
A 19. Report of National Institute of Occupational Health
(NIOH) titled Environment, Health and Safety Issues in Coal
Fired Thermal Power Plants of the year 2011 may also be
made available by the Secretary General of the Supreme Court
to the Registrar Generals of the High Courts of the aforesaid
B States. We make it clear that the Report is not at all
comprehensive in certain aspects and the respective High
Courts can examine the issues projected in this Judgment
independently after calling for the reports about the CFTPPs
functioning in their respective States. The Registrar Generals
c of High Courts of the aforesaid States should place this
Judgment before the Chief Justices of the respective States
so as to initiate suo moto proceedings in the larger interest of
the.workers working in CFTPPs in the respective States.
20. The Writ Petition is accordingly disposed of.
D
RP. Writ Petition disposed of.
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