Disposed

News Item published v. State of Telangana

Telangana HC4 Jul 2022WP(PIL)/2/2019

Case brief

AI extract

What is this about?

This Court disposed of a PIL regarding compensation for silicosis-affected miners in Mahaboobnagar. A committee identified 187 eligible persons, and the Corporation paid compensation totaling Rs. 1,77,20,000. The Court concluded that the proceeding's purpose was achieved and closed the case without questioning the compensation quantum.

What did the court decide?

Writ petition disposed of; proceedings closed having found the purpose of the PIL achieved via compensation payment.

News Item published Vs State of Telangana — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA:^{AT HYDERABAD} (Special Original Jurisdiction)

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MONDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND

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THE HON'BLE MRS JUSTICE SUREPALLI NANDA

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TAKEN UP WRIT PETITIO N {PlL) NO: 2 OF 2019

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Between:

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News ltem published, News ltem published in The Hindu Daily News Paper Dated 05.01.2019

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...PETITIONER

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AND

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'1 . State of Telangana, represented by its Chief Secretary, Secretariat, Hyderabad

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The State of Telangana, Represented by its Principal Secretary, Mines and Geology, Secretariat, Hyderabad.

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The Director of Mines and Geology, Government of Telangana, Hyderabad.

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The Deputy Director of Mines and Geology, Mahaboobnagar.

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Telangana State Mineral Development Corporation, Represented by its Managing Director, Khairatabad, Hyderabad

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The District Collector, Mahaboobnagar.

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The District Collector, Ranga Reddy District at Hyderabad.

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Union of lndia, Represented by its Secretary, Department of Mines, New Delhi.

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Director General of Mines Safety (Chief lnspector of Mines) Dhanbad, Bihar.

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l0.Assistant Director of Mines Safety, Southern Region (Regional lnspector of Mines) Shantinagar, Hyderabad.

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'1 1. Regional Labour Commissioner, (Central) ATI premises, Vidyanagar, Hyderabad.

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12.The Member Secretary, Telangana State Legal Service Authority, Hyderabad.

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1 3. The State of Telangana, represented by its Principal Secretary, Labour, Employment and Training, Secretariat, Hyderabad.

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(Respondent No.13 is impleaded as per Hon'ble Court Order d1.27 -02-2019)

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...RESPONDENTS

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Petition under Article 226 of Constitution of lndia praying that in the circumstances stated in the Affidavit filed therewith, the High Court riray be pleased to issue an appropriate Writ, order or orders more particularly one in the nature of Writ of Mandamus to call for records and remarks from the respondents herein relating to in connection with the hundreds of women in erstwhile Mahaboobnagar District (Now in Ranga Reddy District) lost their husbands due to silicosis, an occupational hazard in quartz mines at Elkatta and Chowlapally without provid ing any protective measures against silicas dust to the workers employed therein, thereby causing the diseases of silicosis and Silico tuberculosis leading to many fatalities not proposing any scheme to safeguards the life and liberty of the persons suffering from silicosis even after the orders passed on 5th March, 2013 in W.P.No. 5886/2000 (Public lnterest Litigation) based on the scheme brought before the Court by the Learned Advocate General which was giver effect by the authorities, and it reads as follows:

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The workmen who have worked with the Corporation at Elkattaand Chowlapalli Villages shall submit their application to the Compensation Commissioner appointed under Workmans Compensation Act, 19X, n they are affected by the occupational disease i.e., Silicosis.

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The Compensation Commissioner, after the receipt of such application with proper evidence of having worked with the Corporation shall refer such applicants to the lnspector of Mines (Medical) under Directorate General of Mines Safety, Ministry of Labour, Government of lndia to get the examination conducted to such persons who are suffering from occupational disease for confirmation.

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After getting the confirmation of such work persons having affected by the occupational disease i.e., Silicosis, from the lnspector of Mines (Medical), the applicants has to submit such reports to the Compensation Commissioner appointed under Workmen Compensation Act, 1923. The Compensation Commissioner after careful examination shall decide the amount o' compensation based on the age and severity of the occupation al disease.

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The Corpcration agrees to pay the compensation as decided by the Compensalion Commissioner to the work persons who have affected by

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occupational disease and having worked with the Corporation and having lost their lives, which will be confirmed after verification, the compensation will be paid to the legal heirs through Compensation Commissioner

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The Corporation agrees to pay the compensation as fixed by the Compensation Commissioner to those Silicosis affected persons and have worked with the Corporation and still suffering from the occupational disease. Further, medical assistance to such persons shall be provided at the cost of the Corporation.

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lt is further to state that the corporation agrees to extend additional benefit of Rs.500/- per widow per month to the widows of work persons died due to silicosis after having worked with the corporation and alter due verification, as widow pension. such benefit will be extended only after the compensation granted by Compensation Commissioner under Workmen Compensation Act, 1923.

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Hence, this Hon'bre court may be preased to issue necessary orders or directions to the respondents herein for effective implementation of the scheme in providing protective measures against silicos dust.

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Counsel for the Petitioner: NEWS ITEMS

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Counsel for the Respondent Nos.1 to 7: SRI RADHIVE, GOVT. PLEADER

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Counsel for the Respondent Nos.8 to^,11: SRI N.RAJESHWAR RAO, Asst.Sol.General

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Counsel for the Respondent No.12: SRI J.ANIL KUMAR, SC for TSLSA

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Counsel for the Respondent No.13: Gp FOR LABOUR

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The Court made the following: OROER

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THE HON'BLE THE CHIEF JUSTICE UJJAL BHTIYAN

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AND

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TAKEN UP WRIT PETITION PIL No.2 OF 2O19

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ORDER: l!'er the Hon'ble th" Chief Justice lJjjal Bhugan)

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Heard Mr. Radhive, learned Government Pleader reprt:senting respondents No.1 to 7; Mr. Namavarapu Rajeshrvar Rao, learned Assistant Solicitor General of India appearing for respondents No.8 to I 1; Mr. J.Anil Kumar, learned counsel for respondent No.12; and learned Government Pleader appearing for respondent No.13.

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This vgrit petition was registered suo motu by this Court and treated as public interest litigation on the basis of a news item dated 05.01.2019 published in the newspaper 'lhe Hindu'.

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The subject matter of the news item and subsequently the present proceedings relate to the fata{^ty t suffered by the u,orkmen working 1n qluartz mines at Elkatta and Chou'lapally villages in the erstwhile

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ITCJ & SNJ Taken Up lt-.P^(l'lL).No.2 of 2019

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Mahabubnagar District (now Ranga Reddy District) ol-l account of silicosis.

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It may be mentioned that there was earlier a public interest litigation, being W.P.No.5886 of 2OOO (public Interest Litigation), wherein an order was passed on 05.03.2013 based on the scheme placed on record by the then learned Advocate General which reads as follows:

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"1. The workmen who have worked with the Corporation at Elkatta and Chowtapatli Villages shall submit their application to the Compensation Commissioner appointed undcr Workman's Compensation Act, 1923, if they are affected by the occupational disease i.e., Silicosis.

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"flj.e Compensation Commissioner, after the receipt of such application with proper evidence of having worked w.ith the Corporation sha[[ refer such applicants to the Inspector of Mines (Medical) under Directorate General of Mines Safety, Ministry of Labour, Government of India to get the examination conducted to such persons who are suffering from occupational disease for confirmation.

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After getting the conlirmation of such work persons having affected by the occupational disease i.e., Silicosis, from , the Inspector of Mines (Medical), the applicants has to submit -such reports to the Compensation Commissioner appointed under Workmen Compensation Act, 1923. The Compensation Commissioner after careful examination shall decide the amount of compensation based on the age and severity of the occupational disease.

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HCJ & SN.] Taken Up h'.P (PlL).No.2 of 20t9

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The Corporation agrees to pay the compensation as dccided by the Compensation Commissioner to the work persons rvho have affected by occupational disease and having worked \r,ith the Corporation and having lost their tives, which will be conllrnred after verification, the comprensation will be paid to the legal heirs through Compensation Commissioner.

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The Corporation agrees to pay the compensation as fi-xed by the Compensation Commissioner to those Silicosis affected persons and have worked with the Corporation and stilt sufering from the occupational disease. Further, medical assistance to such persons shall be provided at the cost of the Corporation-

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It is further to state that the Corporation agrees to extend additional benefit of Rs.500/- per widow per month to the widows of work persons died due to silicosis after having worked rvith the Corporation and after due verification, as 'ridow pension. Such benefit r.r,,ilt be extended only after the compensation granted by Compensation Commissioner under Workmcn Compensation Act, 1923."

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Be th;lt as it may, in the course of the present proceedings a Committee was constituted by the Telangana State Legal Services Authority to identify silicosis affected persons. The Committee consisted of the following

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Member-s:

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1 Sri D. Clhiranjeevr.rlu District and Sessions Judge, Retd. 2. Smt, G.Deepti General Malager, TSMDC, Hyd

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HCJ & SNJ Taken Up W.P^(PlL).No.2 oI20l9

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3. Dr. KaushikSarkar	Directorof Mines
	Safety (oH) and
	Certiffing Surgeon SouthCentralZone, Hyderabad.
4.SriK.SrinivasRao	InspectorofFactorics, MahabubnagarCircle-
5.Smt.S.Rajeshwari	RevenueDivisional Oflicer, Shadnagar.
6.SriM.SambasivaRao	SocialActivist

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An affidavit has been liled by the Telangana State Mineral Development Corporation i.e., respondent No.s, wherein it is stated that the aforesaid Committee commenced its work from 18.01.2020 with lield visits to the affected villages. After considering relevant data, the Committee could identify 187 eligible persons entitled to recerve compensation. Thereafter, final report \ras submitted on 1 1.03.2020.

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7 . This Court on 17 .O1.2022 directed the State Government to take appropriate action in the matter of payment of compensation.

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IICJ & SNJ Taken Up l'l/.P^(PlL).No.2 of 2019

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As per the affidavit, compensation has been paid to all the 187 affected persons. In case of 185 persons, conrpensation has been paid @ Rs.2.OO lakhs per person and in case of two other persons compensation has been paici @) Rs.1.OO lakh per person. Thus, a total of Rs.l],72,00,000.00 has been paid as compensation to the 187 affected persons.

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Mr. J. Anil Kumar, learned counsel for Telangana State Lega,l Services Authority has submitted the final report in this case.

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I 0. Whether the compensation paid is adequate or not, we would not like to go into in the present proceedings and leave it to the affected individuals. If they feel aggrieved by the quantum of compensation, they would be at libert5r to move the appropriate forum for redressal of their grievance. However, \re are of the view that the purpose for which this proceedings u,as initiated suo motu has been achieved and therefore, rve would like to close the proceedings.

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6 HC] & SNJ Taken Up ll.P (PlL).No.2 of20l9

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1 1. We place on record our appreciation for the

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assistance rendered by learned counsel for the pa_rties.

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Writ petition is accordingly disposed of.

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Miscellaneous applications pending, if any, shall

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stand closed. However, there shall be no order as to costs.

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//TRUE COPY//

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SD/- N.RAJAG OPAL ASSISTANT REGIS TRAR

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To,

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SECTION OFFICER

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One CC to Sri Radhive, Govt. pleader [OUT]

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One CC to Sri N.Rajeshwar Rao, Asst.Sol.General [OpUC]

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One CC to Sri J.Anil Kumar, Advocate tOpUCI

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Two CCs to the Gp for Labour, High Court for the State of Telangana [OUT]

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Two C.D. Copies

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One Spare Copy.

MRC

{

HIGH COURT

DATED:04107 12022

ORDER

23 SEP ?I12?
<br>

WP(PIL).No.2 of 2019

DrsPostNG oF THE TAKEN UP WP (PtL) WITHOUT'COSTS

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6'r \, t

News Item published v. State of Telangana

Case brief

What is this about?

What did the court decide?

News Item published v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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