violations. Compensation assessed by the PCB on that account cannot be avoided. Though available, no statutory appeal has been filed. In such a situation, no visible damage is required to be separately shown. Thus, PP is liable to pay compensation except that with regard to workmen, matter is beyond jurisdiction of this Tribunal and victims are to be paid as per the said Act. As regards factual aspect of inapplicability of liability under NGT Act for the workmen, we leave the question to be determined by the District Magistrate who may look into the record and determine who are the employees covered by the Employees’ Compensation Act and those not so covered will stand covered by the NGT Act in the matter of compensation, to be paid at the rate already determined. In case, compensation is found payable under the Employees’ Compensation Act, District Magistrate may ensure that due compensation is disbursed strictly under the said Act. If deposit has not been made as per timeline, the PP may be required to make further deposit as per the said Act. If and to the extent the victims are not workmen covered by the said Act, compensation may be paid in terms of earlier order of this Tribunal. If the PP does not deposit the same, coercive measures be taken for recovery. Compliance be ensured as far as possible within one month. Any ex gratia payment will be independent of this order. This order will not affect any other liability of the PP. Since victims may be poor people and may not be aware of their rights, we request the Bihar State Legal Services Authority, to provide requisite assistance. The unit may not be allowed to operate without requisite consent and taking of all safety precautions, as suggested by the Committee.”
