Disposed

News Item Titled Six Killed in Explosion at Firecracker Unit Near Nagpur Appearing in the Hindu Dated 13.06.2024 v. Petroleum & Explosives Safety Organisation (Peso) through Its Administrative Head

NGT3 Jul 2025Original Application No. 153/2024

Case brief

AI extract

What is this about?

The bench disposed of an application regarding an accident at an explosives factory killing nine workers. Noting further enquires were complete, the court held no additional compensation was required citing Sarla Verma guidelines. Directing respondents to adopt enquiry recommendations for future safety.

What did the court decide?

No further order regarding additional compensation; direction to adopt enquiry recommendations to prevent future accidents.

News Item Titled Six Killed in Explosion at Firecracker… — Environment and Pollution | NGT (2025)

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(Pune Bench)

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Item No.11

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

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ORIGINAL APPLICATION NO. 153 of 2024 (WZ) [Earlier Original Application No.770/2024 (PB)]

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News item titled “Six killed in explosion at Firecracker unit near Nagpur”, appearing In The Hindu dated 13.06.2024

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Date of hearing: 03.07.2025

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Respondents : Mr. Atul J. Pathak, Advocate for R-1/Petroleum & Explosives Organization (PESO)

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Ms. Manasi Joshi, Advocate along with Ms. Pooja Natu, Advocate for R-2/MPCB Mr. Rahul Garg, Advocate along with Mr. Shubham Rathod, Advocate for R-3/MoEF Mr. Aniruddha Kulkarni, Advocate for R-4/CPCB Mr. Y.P. Bage, Advocate holding for Mr. A.C. Jaltare, Advocate for R-6 Mr. Lohit Matani, DCP Zone-1 for R-7/Commissioner of Police

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ORDER

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We are passing this order in continuation of our previous orders dated 09.09.2024, 25.11.2024, 03.01.2025 and 03.03.2025.

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This Original Application deals with an issue of an accident which occurred in the industry of respondent No. 6 – Chamundi Explosives Private Ltd on 13.06.2024, wherein nine workers of the industry had succumbed to the injuries, details of which are already mentioned in paragraph no.9 of our order dated 03.03.2025 in tabular form and legal heirs/dependents of the deceased persons have already been awarded compensation as per the guidelines laid down by the Hon’ble Supreme Court in the case of Smt.

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Sarla Verma & Ors. Vs. Delhi Transport Corporation and Anr.; (2009)6

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SCC 121, the amount of which is also narrated by us in our order dated 03.03.2025 in paragraph no.7 of the order in tabular form.

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By our last order dated 03.03.2025, we had directed respondent No.7 – Commissioner of Police, Nagpur City to bring on record the FIR filed in this case pursuant to the accident, the Magisterial Enquiry Report, which was ordered in this regard and was pending till then, copy of the final report of Petroleum and Explosives Safety Organization (PESO), which was said to have been annexed as Annexure-R4. But these documents have not been placed on record till now. Mr. Lohit Matani, DCP, representing respondent No.7, has appeared through VC and states that these documents will be provided during the course of day. He further apprised us that after investigation, the chargesheet has been submitted in the matter and the Enquiry Report has also been finalized.

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Regarding respondent no.1 – PESO having filed its final report, we have received an affidavit dated 02.01.2025 from PESO, wherein it is submitted by them that respondent No.6 Industry’s license for manufacturing, spinning, impregnating, processing and packing of micro cord has been suspended in the interest of safety and judicial enquiry has been ordered. Regarding the cause of the incident, it is recorded that fire initiated during hot sealing and packing operation of the micro cord in the building No.39, which transmitted to the cut pieces of micro cord and further the spools of micro cord kept in the packing room for cutting and packing. The ignited micro cord exploded and propagated fire to other rooms of the building, including gun powder store room, which exploded due to fire and caused complete damage to the store room leading to fire in the adjacent process rooms resulting in death of nine workers.

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We enquired from the learned counsel for respondent No.1 – PESO as to what was the outcome of the enquiry, but nothing could be stated by him.

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When we enquired as to what was the cause of fire occurred in the Industry – respondent No.6, he states that the same would be found only on receipt of the enquiry report, which is still pending.

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At this stage, Mr. Lohit Matani, DCP, representing respondent No.7, states that the final conclusion of the enquiry would be submitted today itself and accordingly, he has submitted the same through e-mail, in which following suggestions have been given to avoid such accidents in future:

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“1. All factory owners should strictly follow the provisions and measures of the Explosives Act 1884, Factories Act. The Petroleum and Explosives Plant Organization should continuously follow up on the compliance of the provisions of the Explosives Act 1884. The Industrial Safety and Health Inspectorate, Nagpur should follow up on the compliance of the provisions of the Factory Act, and a written report should be obtained from the company concerned regarding the compliance of the matters found during the factory inspection. It should be ensured during the next visit whether the compliance has been done or not.

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2. Directorate of Industrial Hygiene and Health, Labour Department Nagpur, Petroleum and Explosive safety Organization, Police Department, Environmental Pollution Control Board fire department as well as All the departments concerned should visit the explosives factory regularly and prepare a written report on all the matters pointed out during the inspection. It should be ascertained whether the instructions given in writing on the matters pointed out during the visit are being implemented or not.

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3. All departments should focus on the following issues in particular:

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All explosives manufacturing processes are to be carried out under the supervision of competent person.

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All electrical equipment in explosives manufacturing factories should be used with the prior permission of the Chief Controller of explosives.

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All production processes must be approved and written permission must be obtained from the Chief controller of explosives.

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All explosive manufacturing factories should prepare and implement a safety management plan.

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Explosives and other components produced during the production process should not be stored in the production building.

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All supervisors and machine operators working in explosives manufacturing factories must have appropriate educational qualifications and be trained.

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Equipment should be inspected and maintained regularly to prevent equipment malfunction and ensure proper functioning.

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A strong safety organization should be fostered, emphasizing the safety and accountability of all workers.

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Safety procedures, training, and equipment should be regularly reviewed and updated to ensure a safe working environment.

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Ensure that workers receive proper training in handling explosives, safety procedures, and emergency response.

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And priority should be given to develop and regularly practicing emergency response plans, including evacuation and first aid in emergency situations.

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4. Encourage worker participation in safety efforts such as reporting hazards and suggesting improvements.

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5. Establish and implement safety protocols by preparing safety protocols (SOPs) and standard operating procedures and hazard risk assessments.

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6. Supervisors working in explosive manufacturing factories as well as all machine operators should be trained for a specified period by the Petroleum and Explosives Safety Organization.

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7. The Petroleum and Explosives Safety Organization should prepare SOPs for all hazardous processes in the factory to prevent accidents for all explosives manufacturing factories.

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8. All explosives manufacturing factories should employ contract workers, unskilled workers, daily wage workers and women workers in the explosives manufacturing process as per the rules. The workers should also be registered with ESIC and WCA policies.

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9. The Industrial Safety and Health Department should prepare an emergency plan in the factory, conduct safety audits of the factories, conduct mock drill, check on the installation of fire extinguishing systems, safety equipment provided to workers, ambulance facilities in the factory, etc.

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10. All explosives manufacturing factories should organize mock drill at regular intervals and send reports to all concerned departments as well as the chief of police

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11. Emergency services and fire trucks should be made available in the District Disaster Management Unit under the Collectorate.

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12. All transport companies transporting hazardous explosives should ensure that the explosives vehicle does not cause accidents during transportation and the drivers of the vehicle should have the appropriate educational qualifications.

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If all departments work in collaboration with each other, if factories are inspected regularly, if factories are visited regularly, if open feedback is taken from the people working in the factories and living around the factories, and if the factory director strictly follows all the rules and regulations, accidents in that cause loss of life and financial loss can definitely be prevented.”

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7. Learned counsel for respondent No.1 – PESO further apprised us that

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as of now, no such step could be adopted by respondent No.6 – Industry to ensure that there is no such occurrence recurs in future. It is, however, assured by the PESO that as of now the Industry’s License has been suspended, but as and when the Industry’s operation begins, they would

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ensure that all the precautionary measures would be adopted by them so that no such occurrence takes place in future.

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We are of the opinion that in view of the occurrence having been enquired into thoroughly and even the chargesheet having been submitted in the concerned Court, it appears that the trial would take place against the culprits, which would be persued by the respondents vigorously at the earliest possible. Further the suggestions given in the final conclusion of the enquiry conducted in the present matter, which have been reproduced by us hereinabove, shall be adopted by all the concerned to avoid such accidents/ occurrences in future.

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As regards the compensation to the family members of the deceased, we have already noted the same in our earlier order dated 03.03.2025, which is more than which was calculated as per the principles/guidelines laid down in the case of Smt. Sarla Verma (supra). Therefore, according to us, no further order is required to be passed with regard to additional compensation to the dependents of the deceased workers.

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Accordingly, we dispose of this Original Application.

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No order as to costs.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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July 03, 2025 ORIGINAL APPLICATION NO.153 OF 2024 (WZ) npj

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News Item Titled Six Killed in Explosion at Firecracker Unit Near Nagpur Appearing in the Hindu Dated 13.06.2024 v. Petroleum & Explosives Safety Organisation (Peso) through Its Administrative Head

Case brief

What is this about?

What did the court decide?

News Item Titled Six Killed in Explosion at Firecracker Unit Near Nagpur Appearing in the Hindu Dated 13.06.2024 v. Petroleum & Explosives Safety Organisation (Peso) through Its Administrative Head

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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