✦ High Court of India · 03 Mar 2025

National [!9n f91 lligr.qnt .Workers v. 1. The State of Telangana

Case Details High Court of India · 03 Mar 2025
Court
High Court of India
Decided
03 Mar 2025
Length
1,216 words

Petition urrder Article 226 of the Constitution of lndia praf ing that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue ir Writ, Order or Direction in the nature of a Writ of Mandamus or any other approcriate Writ, Order, or Direction, commanding the concerned auihorities to expeditiously iake all necessary and immediate sterps to facilitate the safe and swiit extractitn of the eight *orft"t. who remain trapped within the tunnel,andtoersur€)thateveryposs-iblemeasureisemployedloexpedite-the rescue operation with due regard to their safety and well-being' in view of the graveandimminentperiltot-h"i,liu".andtheinhumaneconditionstheyare 6nduring. ii) Direr;t thd Authorities to Ensure. Safe Working Conditions by p.a.ssing a compiehensive order requiring the relevant statutory bodies anC authorities to take piompt and effective action to ensure that the working conditions in all such f,u=riOor., peril.us and dangerous environments, including bu1: not limited- to tunnelling operations, are rieticulously regulated, and that proper safety protocols, measures, and safeguards are implemented and enforced in lccordance with prevailing labour laws and regulations, in order to mitigate the risks to workers' lives and health, and to uphold their fundamental right to a safe and secure working environment, as enshrined in law. iii) Mandate the Provision of Adequate Rem-uneration by issuing an order compelling the appropriate authorities to establish and enforce a framework for the provision of standardized, fair, and equitable remuneration to all workers employed in high-risk and hazardous occupations, particularly those engaged in such perilous operations as tunnelting, ensuring that such remuneration is commensurate with the risks involved,-and refleciive of the arduous and dangerous nature of the work, thereby safeguarding ther workers' dignity, welfare, and economic rights. iv) Ensure AccJuntabil'iiy for Nc,n-Compliince by directing that the relevant authorities be held accountable for any faiiure to act with due diligence and in accordance with statutory obligations to ensure the safety, welfare, and fair compensation of workers engaged in hazardous conditions, and that appropriate raction be laken against any persons or entities responsible for negligence, miscotrduct, or failure to"ensure iompliilnce with applicable laws and regulations. v) Grant Further Relief by passing any other appropriate order or direction which this Honourable court deems just ,nd n""us.rry in the facts and circumstances of the present case, for the proiection of the lives, rights, and dignity of the workers, an,l to ensure the overall enforcement of justice, equity, and the rule of law. lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filerl in support of the writ Petition(Pil), the High court may be pleased to Stay the Operation of the tunnel construction till the f inal disposal of the present petition. Counsel for the Petitioner: SRI KANDHULA ANKAMA RAO REPRESENTING SRI P. AKHIL RAJ Gounsel for the Respondent No.1: SRI A. SUDARSHAN REDDY' ADVOCATE GENERAL / GP FOR GENERAL ADMINISTRATION o Counsel for the Respondent No.2: Gp Fep LABOUR Counsel for the Respondent No.3 & 4: Gp FOR IRRIGATION Counsel for the Respondent No.5,6 & 9: SRI GADI PRAVEEN KUMAR, DY. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.7: Gp FOR REVENUE Counsel for the Respondent No.8: Gp FOR HOME Counsel for the Respondent No.9: - - - - The Court made the following: ORDER n .,,/ I 1 I \ THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT PETITION PILI No.17 of 2o25 ORDER (Per tLte tlon'ble the Acting Chief Justice Sujog Paul)" Sri Kandhula Ankama Rao, learned counsel represents Sri P. Akhil R:rj, learned counsel for the petitioner and Sri A' Sudarshan Re<1,1y, learned Advocate General for the State' Learne<l counsel for the petitioner submits that this 2. petition is rnerelv filed to facilitate the safe and swift extraction of the eight r,,,orkers, who remained trapped in the Srisailam Left Bank Canal-I ,runnel and to take all effective measures to expedite the rescue operations. The petitioner has also prayed for other reliefs. LezLrn,:d Advocate General for the State submits that the

3. Indian Arm5, State Disaster Response Force, National Disaster Response For c e, Singareni Coilieries, Indiar Navy, Larsen and Turbo ancl 2C Mazdoors are making herculean efforts to save the lives of the treLpped workers in the aforesaid Tunnel' Apart from that, the Ilat Miners have been called to unriertake the rescue operations The rescue operations are continuing and zrll efforts are being made to save the precious lives of the trapped workers' In addition. k:arned Advocate General submits that the entire Cabinet I I I Ministers visited the aforesaid T\rnnel to ensure that the rescue works are goirig on emergency basis. 2 r_\' ,, 4 In view of aforesaid statements made by learned Advocate General, we hope and trust that the Government will make all endeavour to save the precio115 lives and will leave no stone unturned to remove the obstructing stones ald other impediments which are coming in the way to save the precious rives of the trapped workers.

5. With aforesairj observation, we deem it proper to dispose of the writ petition leaving the other points as open to be raised and decided in appropriate cases. 6 Accordingly, the W.p.(pIL) is disposed of. No costs Interlocutory applicaticns, if aly pending, shall also //TRUE COPYII SD/- L. VIJAYA LAXMI TANT REGISTRAR stand closed i*- t 11 To, 1 2

3. 4

5. b 7 o o 10 w \ I ,,, iffit* il € [,:dh C* iffi'ff*d i,=]:il;''-,* ',t o.f?ltJ", to Gt' FoR REVENUE' Hish court for the state of lelangana' i:i}rlf tSiqUru:Hf*[x'#T#[fti""'l:rrs"#L%?3'L?l"or.'r BN LS DATED:0310312025 ) 6 i $ { ORDER WP(PIL).N o.17 ol 2025 a\ hE SrA r{: a i.,l 1 \\i^\N,/, \.r . .\ 5IPH M p

8...'rr/,rCl' ') +:=;-i-: DrsPoslNG oF THE WRIT PETlrloN (PlL) WITHOUT GOSTS l+ a 5/ { .i. ) ,)

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