CONSUMER EDUCATION AND RESEARCH CENTRE Vs. UNION OF INDIA

JUDGEMENT

(1.) OCCUPATIONAL accidents and diseases remain the most appaling human tragedy of modern industry and one of its most serious forms of economic waste. OCCUPATIONAL health hazard and diseases to the workmen employed in asbestos industries are of our concern in this writ petition field under Article 32 of the Constitution by way of public interest litigation at the behest of the petitioner, an accredited organisation. 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 wide gaps have been bridged by subordinate legislation, yet lot more need to be done, So the petitioner seeks to fill in the yearning gaps and remedial measures for the protection of the health of the workers engaged in mines and asbestos industries with adequate mechanism for and diagnosis and control of the silent killer diseases 'asbestosis' with amended prayers as under:-

(2.) 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 States, namely, Haryana, Delhi, Andhra Pradesh, Karnataka, 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 petition. The Central Govt. accepting the said report,framed model Rule 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.

(3.) ARTICLE 16 mandates, that each employer shall be made responsible for the establishment and implementation of practical measures 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 plants or structures containing friable asbestos insulation etc., the details whereof are not necessary. ARTICLE 18 obligates the employer to provide clothing to the workers, maintenance, handling and cleaning thereof etc.etc. ARTICLE 19 deals with the disposal of the waste containing asbestos. Part IV consisting of ARTICLEs 20 and 21, deals with the surveillance of the working environment and workers' health ARTICLE 20(1) provides that "where it is necessary for the protection of the heath of workers, the employer shall measure the concentrations of airborne asbestos dust in workplaces, and shall monitor the exposure of workers to asbestos at intervals and using methods specified by the competent authority." Sub-ARTICLE (2) of ARTICLE 20 envisages maintenance of the records:- "the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for a period prescribed by the competent authority" (emphasis supplied). Clause (3) - "the workers concerned, their representatives and the inspection services shall have access to these records." Clause (4) - "the workers or their representatives shall have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring." ARTICLE 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 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 during 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 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 occupational diseases caused by asbestos.