Excerpts from 27 January, 1995 Judgement in Asbestos Case

Consumer Education & Research Centre And Others VS. Union Of India & Others

PETITIONER: CONSUMER EDUCATION & RESEARCH CENTRE AND OTHERS Vs.

RESPONDENT: UNION OF INDIA & OTHERS

DATE OF JUDGMENT27/01/1995

BENCH: RAMASWAMY, K.

BENCH: RAMASWAMY, K.

AHMADI A.M. (CJ)

PUNCHHI, M.M.

CITATION: 1995 AIR 922 1995 SCC (3) 42

JT 1995 (1) 636 1995 SCALE (1)354

ACT: JUDGMENT: 1. Occupational accidents and diseases remain the most appalling human tragedy of modem industry and one of its most serious forms of economic waste. Occupational health hazards and diseases to the workmen employed in asbestos industries are of our concern in this writ 640

petition filed 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 disease " asbestosis", with amended prayers as under- (a) Directions to all the industries and the official-respondents to maintain compulsorily 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 direct all the factories to adopt

"THE MEMBRANE FILTER TEST";

(c) To direct all industries to compulsorily insure the employees working in their respective industries, excluding those already covered by the Employees State Insurance Act and the Workmen 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, 0.5-fibre/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 Govenunents to cover the workmen and to extend them Factories Act or by suitable regulatory provisions contained therein to all small scale sectors which arc not covere...