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WPPIL/86/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT
PETITION (PIL) No. 86 of 2011
=========================================================
SUO
MOTU - PETITIONER
Versus
STATE
OF GUJARAT & 3 - RESPONDENT
========================================================= Appearance
:
SUO
MOTU for
PETITIONER : 1,MR SHALIN N MEHTA for PETITIONER : 1, MR. P.K.JANI,
GOVERNMENT PLEADER for RESPONDENT : 1 - 2. MR RD DAVE for
RESPONDENT : 3,
NOTICE SERVED for RESPONDENT : 4,
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 20/09/2011
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. A.L.DAVE)
Heard
learned advocates for the parties.
It
is indicated that the clinical test of the workmen, working in the respondent-factory indicated presence of certain disorders. Before some directions can be given, it would be appropriate if the workers of the respondent factory are examined by medical experts. In this regard, Dr.H.G. Sadhu of the National Institute of Occupational Health, Meghaninagar, Ahmedabad is present before us and he states through learned Government Pleader that this exercise can be undertaken by the Institute with the help of Civil Hospital.
Learned
senior counsel Mr.Kavina states that the respondent-factory owner is ready and prepared to send the workmen for such test at the cost of the factory. It is also indicated that the factory does not work on Thursdays and the Institute can examine about thirty patients in a day for this purpose.
In
this given situation, respondent factory owner will send 10 workmen everyday from 26th September 2011 to the National Institute of Occupational Health, Meghaninagar, Ahmedabad for their medical examination, which would include all required investigations. The factory will send 30 workmen on 29th September 2011, 10 workmen on 30th September 2011 and remaining workmen on 3rd October 2011 to the National Institute of Occupational Health, Meghaninagar, Ahmedabad for the purpose of their medical examination. The Institute will prepare a report on the status of the health of the workmen. Disorder, if any found in any of them, the cause therefor, the remedy therefor, and the prolific action necessary to be taken will be reported.
The
respondent factory owner shall make arrangement for transport of the workmen to the Institute and necessary movement for investigation and shall bear the expenditure for such medical examination and investigation that may be suggested by experts of the Institute.
In
the meantime, the State Authorities will state on oath before us the measures that they propose to take to ensure that such factories are checked periodically on the question of health and other safety of the workmen, so also periodical medical checkups of the workmen. They shall also state if they propose to take any step to have a machinery which would examine if a factory propose to be established has to undertake a process or to use a raw-material to manufacture a product which may be hazardous to health. The establishment shall undertake to prevent such health hazards. We would also expect the State Authorities to indicate in their affidavit as to what machineries exist and what steps and measures are taken for ensuring proper implementation of Section 41A of the Factories Act,1948, especially Section 41A(e).
The
factory owner shall also state on next occasion on oath the steps that are taken by the factory to prevent health hazard to the workmen and the steps that are proposed to be taken in future. All these exercise by the Institute, the State Authorities and the factory owner would be concluded by next adjournment i.e. on or before 10th October 2011. For the purpose of sending the workmen for medical examination, the time etc. and the money required to be deposited would be coordinated by learned advocates. S.O. to 10th October 2011.
(A.L.DAVE,
ACTG. C. J.)
(J.B.PARDIWALA,J.)
Vahid
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