State Government Bound To Pay Compensation Of Rs 10 Lakh To Families Of Deceased Manhole Workers, Kerala High Court Rules
Live LawGiving some closure to a long-standing public interest litigation proceeding, the Kerala High Court recently directed the State Government and its instrumentalities to disburse a sum of Rs 10 Lakh to family members of late Raju and Mayavu, who passed away while cleaning a manhole. Acting per the Supreme Court's ruling in Safai Karamchari Andolan and Others v. Union of India and Others, a Division Bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly instructed the Kerala Water Authority, the Labour Department, Water Resources Department, Local Self Government Department and Chief Secretary to the Government, respondents to disburse the sum within a period of two months of receipt of a copy of the judgment. The High Court, when disposing the petition extracted portions of the Supreme Court's decision in Safai Karamchari Andolan and Others v. Union of India and Others where the Supreme Court was faced with deciding how to strictly enforce the implementation of the Employment of Manual Scavengers and Construction of Dry Latrines Act, 1993 The High Court pointed out that the Supreme Court in the said decision had directed the Union of India/State Government/Union Territories, to identify families of all persons who died while doing sewerage work since 1993 and award a compensation of Rs.10 lakhs, for each such death to the family members depending on them. The Court ruled "Therefore, notwithstanding payments already made by the contractor, by virtue of the judgment of the Hon'ble Apex Court in Safai Karamchari Andolan's case, Government of Kerala represented by the Secretary to the Government is bound to pay compensation of Rs.10,00,000/- each, to the family members of the persons, who died in sewerage work " Directing the matter to be listed after two months to assess the extent of compliance, the matter was disposed.