A.Narayanan v. The Chief Secretary, Government of Tamil Nadu, Secretariat & Ors.

sewerage lines and septic tanks in the State of Tamil Nadu andfurther direct the respondents to adequately rehabilitate thosewho are currently employed in cleaning manholes and seweragelines and pass such further or other orders. ---------------Mr.A.Narayanan:: Party in personMr.Raja Kalifulla,:: For Respondents 1,2 ,3,5 & 7Govt. Pleader Mr.Sudarsana Sundar :: For Respondent 4 --------------O R D E R THE HON’BLE THE CHIEF JUSTICEThis writ petition has been filed in public interest by oneG.Narayanan, who appeared in person, with a prayer for issuance of a writof Mandamus directing the respondents to discontinue the employment ofhuman being in cleaning manholes and sewerage lines and septic tanks inthe State of Tamil Nadu and with a further direction to direct therespondents to adequately rehabilitate those who are currently employed incleaning manholes and sewerage lines. 2. The averment in the affidavit accompanying the petition is thatthe petitioner, a permanent resident of Chennai and the Managing Directorof a firm manufacturing Scientific Instruments used for Research andDevelopment, is a public spirited citizen, and a convener of PAADAM, whichis an abbreviated form of People’s Movement against manufacture,marketing, distribution, advertisement, glamourising of Alcohol and Abuseof Alcohol. The petitioner is also carrying on campaign for theunderprivileged and deprived communities and in the instant case, he hastaken up the issue of employing manual scavengers for removing humanexcreta. 3. It has been stated in the writ petition itself that suchemployment of manual scavengers has already been declared illegal underthe Employment of Manual Scavengers & Construction of Dry Latrines(Prohibition) Act, 1993. It has been stated in the petition that thesanitary workers in the State are made to literally go down the drainsevery day and without safety precautions and supervision and without anyemergency medical support, and therefore, they are subjected to theseinhuman treatment. It has also been urged that various news papers havehighlighted this problem by reporting such incidents of engaging humanbeings by asking them to work inside the drain for clearing sewerageblocks and septic tanks. It has been widely reported in the newspapers andit is also an open secret that these workers die frequently due toasphyxia and even though when they die in harness, the concernedauthority like Chennai Metro Water Supply and Sewerage Board (herein afterreferred to as ‘CMWSS Board’) refuses to pay any compensation citing rulesthat the workers are contract labourers. It has been alleged that suchstand on behalf of the CMWSS Board is not only unfair, but also violativeof the fundamental rights of the workers. Such workers die without gettingany compensation and the CMWSS Board gets away by showing unethical labour https://hcservices.ecourts.gov.in/hcservices/ practice. It has been alleged that unfortunate and underprivileged personsfrom Arundathiyar and Adi Dravidar communities are utilized for keepingthe sewer lines flowing smoothly. It has been stated that in Chennai, thesewerage network spreads across 2,800 kms with 80,000 manholes at every 35metres. When the sewerage line gets blocked, it produces a gas, which isknown as Hydrogen Sulphide. This poisonous gas acts as an irritant andasphyxiant affecting Oxygen supply to the brain and stem cells. Inhale ofsuch gas can result in instantaneous suppression of respiration, apartfrom causing conjunctivitis and headaches. The other gas, which is alsonormally produced is Methane, which also displaces Oxygen and is alsoexplosive. Normally, the sewerage flow gets blocked as it consist ofvarious items such as non-degradable thermo-coal, plastics, industrialsludge, kitchen and toilet waste, including medical waste, householdgadgets, coconut shells, construction debris, etc. The general public isinsensitive to the damage they are causing by carelessly throwing downeverything into the drains, and in many places, storm water drains areused connecting sewer lines, and the shop keepers throw everything intothe storm water drains. It is a very common experience in this City thatwhenever there is water logging all the manhole pits are opened in orderto drain out water as a result everything goes into the drain along withthe water. It has been complained that the Government has not doneanything to create awareness among the citizens about the use of sewerageand drainage lines to prevent solid wastes getting into the drainagelines. In Indian cities, dimension of sewerage pipes are small compared tothe load which it has to bear, which results in the lines often gettingclogged. 4. With the abolition of manual scavenging, all these workers areused for cleaning manholes and septic tanks. It has been further allegedthat though CMWSS Board claims that they have procured safety equipments,but the number of machines and safety accessories procured are grosslyinadequate to the enormous task of sewer maintenance, and the exploitationof asking workers to go inside the drains still continues. It is said thatthe common practice is asking them to consume alcohol before getting intothe drains as without that they cannot stand the stench of poisonous gaswith combination of Hydrogen Sulphide and Methane, and many workers die inthe process of cleaning the lines, and even if they do not die, theydevelop respiratory problems and various diseases which are beyond anyremedy. According to the petitioner, such employment of workers isviolative of Articles 21, 14, 17 & 23 of the Constitution. As such certaindirections were prayed fro from this Court to stop this illegal andinhuman practice. 5. On such petition being filed, this Court passed an order on 13thOctober 2008. On that date, after looking into the report filed by oneG.Elangovan, Chief Engineer (O&M), CMWSS Board and also looking into thenewspaper reports and after hearing the learned Government Pleader, theCourt directed the Government Pleader to file a detailed affidavitindicating therein how many persons have died in the past after they havebeen allowed to go inside the drains and in how many cases compensationhas been paid. The Court also gave the following directions:- “In the said affidavit, the learned Government Pleader mustindicate how many persons have died in the past after they have https://hcservices.ecourts.gov.in/hcservices/ been allowed to go inside the drains and in how many casescompensation has been paid. The affidavit should also disclosethat once mechanical devices are employed for clearing thedrains, if the persons who are now engaged for the said purposemainly as contract labourers lose their jobs, what measures theGovernment intends to take for their rehabilitation. This Courtalso gives liberty to the petitioner, who is appearing inperson, to file an affidavit giving therein details as to thenumber of cases in which death has taken place by allowing entryof persons into manholes, but compensation has not been paid.Such affidavit may also be filed within two weeks. The matterwill appear in the list three weeks hence at the top. In themeantime, this Court reiterates its previous direction that forthe purpose of clearing the blocks in the sewerage and drainagelines, no human being should be allowed to get inside thedrainage/sewerage lines and if any drain is chocked, it is theresponsibility of the authorities to get it cleared by employingmechanical devices. This Court makes it clear that any violationof this direction will be viewed very seriously.” 6. Thereafter, in this matter, affidavits were filed by Mr.SunilPaliwal, Managing Director of CMWSS Board on 06.11.2008, and a typed setof papers has been filed showing the amount of compensation paid in casesof accidental deaths. In page – 3 there is a list of six workers, directlyemployed by CMWSS Board, who died. In pages 4 & 5 there is a list of 11workers who also died and they were contract workers. So, it appears fromthe report filed by the third respondent that between 24th May, 2003 and17t October, 2008 about 17 workers, who went inside the drains, to clearthe blocks, died. Therefore, the situation is quite alarming. 7. This has also been admitted by the Managing Director of CMWSSBoard who also appeared and addressed the Court and gave varioussuggestions in his affidavit. In the affidavit it has been stated thatCMWSS Board is a statutory body and is maintaining the water supply andsewerage system in the Chennai City. The system has been divided into 5Zones, and each zone has independent zonal sewerage collection,conveyance, treatment and disposal facilities. There are different sizesof sewer main varying from 150 mm to 1000 mm and the total length of sewermain in the city is 2671 km, and there are about 78,861 manholes in thesewerage system, and the total number of house connections in the systemare 5,63,094. In all there are 188 Sewerage Pumping Stations in thesewerage system. The CMWSS Board is engaged in the removal ofobstruction/blocks in the sewerage canal and desilting at regularintervals. 8. Various modes of removal of sewerage obstruction have beenindicated in the said affidavit. It has been stated that the obstructionor blocks in the house sewer and main sewers of shallow depth is done byrodding equipments and jet rodding machines. But for removal of silt thenormal methods adopted for desilting are (a) Ball passing method (b) GrabBucket machines (c) Drag bucket machines and (d) Desilting man machines,which are hydraulically operated. https://hcservices.ecourts.gov.in/hcservices/

9. Details of such removal of sewer have been given by saying thatthere about 100 numbers of sewer cleaning rods are available, and thereare 161 Depot Offices for removal of sewer, totally 175 Grab Bucketmachines are available and 13 numbers of Drag Bucket Machines are in usefor removal of obstruction/blocks in the main sewers. 10. It has been stated that there are 3 scientifically designed andhydraulically operated desilting machines which have been recentlyprocured and in use, for removal of silt from the manholes. Order has alsobeen placed for procurement of additional 11 hydraulically operateddesilting machines to strengthen the existing position. It has also beenstated that steps have been taken to procure additional 36 numbers ofhydraulically operated desilting machines for effective desiltingoperations in the sewerage system. About 9137 manholes have beenidentified as problematic and prone to silting. 11. In the said affidavit a clear stand has been taken that CMWSSBoard is committed to ensure that no manual labourer is either engaged orallowed to enter into the sewerage system for cleaning purpose asmechanizing the sewer system cleaning is progressively taking place. 12. Coming to the system of waste water management for the city thedeponent submitted that the city has been divided into 5 drainage zones,and the number of households having sewer connections are 5,63,094 and78,861 manholes are available in the sewerage collection system. Thesewerage generated from the houses, offices and other buildings arecollected from 176 sq.km area of Chennai city and 8 sq.km of adjacentUrban Area through 2,671 km length of sewer mains at the 188 numbers ofsewerage pumping stations and then transmitted to 5 treatment plantshaving capacity of 486 MLD for treatment and the secondary treatedeffluent is disposed into the city waterways as per the effluent qualitynorms stipulated by Tamil Nadu Pollution Control Board. Presently, 99% ofthe Chennai city is covered by sewerage system, and in the system sewersof various sizes from 150 mm to 1000 mm are laid below the road surfaceand manholes are provided at an interval of every 30m/45m, at the roadjunctions, turning points and wherever change in gradient and pipe sizesoccurs. These manhole chambers are provided for inspection and maintenanceof the sewers like removal of silt deposited in the sewers and also thesewer blocks. CMWSS Board employs 494 of its own sanitary workers formaintenance of sewer system including removal of sewer obstructions/blocksin the sewerage system and for removal of silt accumulated in the manholesof the sewerage system, in addition to 259 labourers engaged throughcontract for the same purpose. 13. In the said affidavit it has been stated in paragraph – 8 that atpresent the workers engaged by the CMWSS Board and also the workersengaged on contract basis are carrying out the operation of removal ofsewer blocks or desilting of the manholes in the sewerage system bymechanical instruments, and it has further been stated that the Board hasgiven strict instructions to prevent entry of human beings into themanholes of the sewerage system, and strict instructions have been givento comply with the High Court’s order. It has been stated that in order to https://hcservices.ecourts.gov.in/hcservices/ mechanize the system of clearing the blocks various equipments have beenpurchased at a cost of about 284 lakhs, and those equipments are asfollows: Sl.No.Type of Safety EquipmentQuantity inNo.1.Safety Body Harness/Safety Belt 3482.Normal Face Mask for any gas orCanister163.Safety Torch 664.Hand Gloves (PVC, Leather, Rubber,Satin)3345.Safety Goggles 666.Safety Helmet1327.Emergency Medical Oxygen ResuscitatorKit128.Gas Monitor (4 gases) 669.Safety Showers 2810.Head Lamp 6611.Reflecting Jacket 80012.Guide Pipe Set 16013.Safety Tripod (set) 6614.Wadder Suit 32015.Breathing Apparatus 6616.Chlorine Mask2817.Air Compressor for Blower 2418.Modular Airlines Supply Trolley System1219.Full Face Mask 17320.Safety Gumboots 78 14. It has also been stated that those equipments have beendistributed to the sanitary workers through Area Officers of the CMWSSBoard, and training has also been imparted to the sanitary workers, andafter orders have been passed by the High Court another round of trainingwould be given to the workers for use of those equipments. It has beenstated that normally the CMWSS Board employs mechanical equipments forremoval of silt and blocks in the sewer system. However, when themechanical equipments available are not able to clear theobstructions/blocks, then only, the Board permits the sanitary workers toenter into a manhole with safety gadgets. Such entry in the manhole ispermitted only in the following situations: (i)If the concrete/FRP manhole door gets damaged due to the heavyvehicular traffic and falls inside the manhole, it causesobstruction/block in the sewer system. At times, the mechanicalinstruments available with the Board may not able to handle suchheavy weights. On such occasions a sanitary worker has to enter themanhole and help those on the top to lift the concrete door forbringing it out. (ii)When a newly laid sewer main has to be interlinked with theexisting sewer main, then the existing sewer main has to beblocked, which cannot be done from the top of the servicing https://hcservices.ecourts.gov.in/hcservices/ manhole, then necessarily the sanitary worker has to enter themanhole with necessary safety gadgets for blocking the sewertemporarily. (iii)Sometimes the submersible pump sets fixed at the bottom of thesuction wells in the sewerage pumping stations goes out of order.In such a situation, after emptying the sewerage from the well, inorder to remove the pump set, a sanitary worker has to enter thewell. But, in this kind of situation the worker is not gettingsubmerged in the sewerage as the sewerage has already been pumpedout. (iv)Sometimes the sewer pipeline in the sewerage system sinks due tovarious reasons, and because of that the sewerage flow getsaffected. In such event, it is essential to block the manholes inthe system on either side of the damaged manhole, in that situationentry of a sanitary worker into the manhole with necessary safetygadgets is required. 15. In paragraph – 12 of the affidavit it is stated that the followingsteps have been taken to ensure compliance of the orders of this Courtdated 15.10.2008.(i)Meetings have been conducted inviting all the 161 Depot Engineers,38 Deputy Area Engineers and 12 Area Engineers, and in thosemeetings non-entry of sanitary workers into the sewerage system waspressed, and the engineers were instructed to take preventive stepsto avoid silting of manholes and blocks in the connecting pipes.They were also told to use mechanical devices available to clearthe blocks, and to avoid entry of sanitary workers into the system.(ii)9,137 manholes, which are prone to silting, have been identified.The Area Engineers, under whose limits, these manholes are comingare given instructions to take preventive steps for avoidingsilting in these manholes. They have also been asked to take upperiodical de-silting of these manholes using mechanical devices.(iii)Instructions have also been given to maintain low level (sewagelevel in the collection well) at the 188 pumping stations, so thatsilting of the sewerage system can be reduced. (iv)It has been decided to provide one De-silt Man Machine to each ofthe Deputy Area Engineers, by purchasing 36 more such machines, andthe 12 Deputy Area Engineers among them, who have bigger limits,would be provided with 2 De-silt Man Machines. (v)It is under the active consideration of the CMWSS Board to improvethe guide pipe, which is used to guide the hose of jet roddingmachine to the blocked pipe from above, like reducing its weight.(vi)In an intensive drive made by the CMWSS Board 743 hotels, 292marriage halls, 210 hospitals, 5 slaughter house, 90 cattle yardsand 108 other establishments have been identified that they arefunctioning without making provision for diaphragm chamber. Noticeshave been issued to the owners of such establishments asking themto construct the diaphragm chambers within 15 days in order toarrest the solid waste entering into the sewerage system. (vii)Public have also been requested not to dump solid wastes into thesewerage system by issuing leaflets. https://hcservices.ecourts.gov.in/hcservices/

16. So far as the payment of compensation by the CMWSS Board isconcerned, it has been stated that compensation has been paid to theworkers. It has been stated that under Section 3 of the Workmen’sCompensation Act, if any personal injury is caused to a workman, hisemployer is liable to pay compensation and where the contractor is notmaking the payment, the principal employer is liable to make thecompensation as provided under the Act, and the principal employer candeduct the amount from the payment to the contractor. Accordingly, thecompensation amount awarded by the Deputy Commissioner of Labour isdeposited before the authority for disbursement. It has been stated thatin this regard no violation or refusal to pay the compensation has beenmade by the CMWSS Board. It is stated that from 2003 till date 17accidental deaths had been taken place, out of which 6 of them were Boardemployees, for whom compensation has been paid, and out of the remaining11, who are employees of the contractor, 2 have been paid compensation asdetermined by the Deputy Commissioner of Labour. In respect of 2 otheremployees compensation has been paid by the CMWSS Board and the amount hadbeen recovered from the contractor. Three cases are pending before theDeputy Commissioner of Labour for orders. In respect of the remaining 4cases, though case is yet to be filed before the Deputy Commissioner ofLabour, contractor is taking action to claim the insurance amount bydepositing the same before the Commissioner of Labour. Therefore, no casefor payment of compensation is pending after the orders passed by theDeputy Commissioner of Labour for settlement. 17. It has also been stated that the Contract Labour (regulation &Abolition) Act is applicable to all the Government Departments as well asPublic Sector Undertakings. Section 7 of the said Act makes it mandatoryon the part of every principal employer to register himself with theRegistering Authority appointed under the Act. The contract labourersengaged by the contractor are licenced under the Act. Following theprovisions of the said Act, CMWSS Board has registered itself as aprincipal employer and the contractors have also obtained licence forengaging workers from the Inspector of Labour. The CMWSS Board asPrincipal Employer obtained the Certificate of Registration in Form IINo.86/05/CNI, dated 27.12.2005 to 97/05/CNI, dated 27.12.2005 and thecontractors have obtained licences in Licence Nos.4/2008, dated26.05.2008, 677/CNT, dated 29.05.2008 and 173, dated 22.05.2008.18. It has been stated that after the orders of this Court dated15.10.2008 entry of sanitary workers into the manholes in the seweragesystem had been completely stopped and steps have been taken to procureadditional equipments. So far as creating of awareness among the citizensabout not throwing everything into the sewerage line is concerned theCMWSS Board has issued leaflets. Steps have also been taken for publicitythrough newspapers. In this connection, the CMWSS Board and the ChennaiCity Municipal Corporation are acting in co-ordination to identify theillegal sewerage connection given to the Storm Water drains so as to takeaction against the offenders and connect their sewer lines into CMWSSBoard’s sewer system. About 4,110 illegal sewer connections given to thestorm water drains have been identified, and action is being taken to plugthose illegal connections, so that they take proper sewerage connection.The CMWSS Board is also proposing to procure about 50 De-silt Man Machines https://hcservices.ecourts.gov.in/hcservices/ for desilting the manholes in the sewerage system, and the Board plans toprovide one such machine to each of the 37 Deputy Area Engineers, and twomachines to 12 Deputy Area Engineers among them having biggerjurisdiction. The CMWSS Board is also planning to procure various otherequipments. 19. In the affidavit it is denied that workers are allowed to consumealcohol during duty hours. It has been admitted that only some raresituation the sanitary workers were allowed to enter the manholes withsafety gadgets. This is only because the city’s sewerage system is veryold one (about 90 years old), and the improvements cannot be carried outover night. It has been stated that the officers of the Board areensuring that whenever a worker has to go inside a manhole, he is equippedwith proper mechanized gadgets and uniform. 20. In the affidavit 6 months time has been prayed for from thisCourt for procuring the required additional machineries for the entry offield workers into the system with safety gadgets for removal of brokenmanhole doors from the manholes or for carrying out the reconstruction ofthe manholes or removal of pump sets from the well in the sewerage pumpingstations and integrating the new sewer with the existing sewer. Time isalso prayed for training the existing sanitary workers presently engagedin sewerage cleaning operation to perform their duty with the help ofmechanical equipments. 21. We have heard Mr.Narayanan in person, the learned GovernmentPleader and also the suggestions which were made by the Managing DirectorMr.Sunil Paliwal. While passing orders in this writ petition, we also wishto express our anguish to note that the menace of allowing human being toclean manholes without any mechanized device is going on in other placesin Tamil Nadu where the common drainage system is not prevalent. In fact,after our order dated 13.10.2008, it was widely reported in the newspapersabout the tragic demise of two persons who entered the septic tank in theprocess of its construction and lost their lives instantaneously due toasphyxia. Again on 17.11.2008, it was reported that two other persons whowere directed to clean the septic tank, within the jurisdiction ofSriperumbudur Municipality, lost their lives due to asphyxia. It is reallyshocking to note that in spite of our orders on 13.10.2008, specificallyprohibiting manual scavenging, these two incidents have taken place, whichonly discloses that the concerned authorities, apart from the CMWSSB, theLocal Authorities, who were in charge of maintaining the drainage system,are unmindful of the value of human lives, and have allowed the scavengersto undertake the work of manually cleaning the septic tank knowing fullywell the high amount of risk involved in undertaking such jobs.Submissions attempting to justify such action can never be countenanced. 22. In order to put an end to these menace once for and all, we wishto pass orders for strict compliance by CMWSSB as well as the secondrespondent herein namely, the Secretary to Government, MunicipalAdministration & Water Supply Department, Chennai to ensure that manualscavenging is totally prohibited in the State and that no case of suchunwarranted deaths takes place by permitting the gullible employees to https://hcservices.ecourts.gov.in/hcservices/ enter the drainage system in the Metropolitan Cities and cleaning ofseptic tank in other places. 23. In this context, we take note of the suggestions which fell fromthe Chairman and Managing Director of CMWSSB, apart from permitting thepetitioner to approach the authorities under the Workmen Compensation Actfor redressal of the grievance of the dependants of those employees wholost their lives on various dates between 2001 and 2008. 24. Accordingly, we pass the following order:-(i) It is directed that entry of sanitary workers into the seweragesystem under the guise of removing the blocks should be prohibited, exceptunder exceptional circumstances mentioned in this order. Such exceptionalcircumstances may be for the following: -(a) For the removal of concrete/FRP manhole door which gets damageddue to the heavy vehicular traffic and often falls inside the manholecausing obstructions/blocks in the sewer and which results in the blockageof sewerage system, and where mechanical equipments cannot be put intooperation. (b) For the purpose of inter-linking the newly laid sewer main withthe existing sewer main, where it will be wholly necessary to block themain sewer main in the servicing manhole. Entry of sanitary workers onsuch occasions has to be necessarily permitted, inasmuch as it is statedthat large size sewer i.e., where the dia is more than 300 mm, blockingthe sewer main from the top of the manhole is not possible and only thesanitary worker has to enter the main hole and that too with necessarysafety gadgets for blocking the sewer temporarily. (c) For the removal of submersible pump sets fixed at the bottom ofthe suction wells, which goes out of order, for which the sanitary workerhas to enter the well again with necessary safety gadgets after emptyingthe sewage from the well in order to remove the pump set. It is made clearthat before allowing any sanitary worker to enter on such occasions, stepsshould be taken to see that the sewage is totally emptied and therebyfurther ensure that no poisonous gas remains in the sewage line. (d) For the reconstruction of the man hole or rectification of thesewer main due to any damage caused by sinking of man hole covers/sewerline when the sewage pipe line gets blocked or gets obstructed, whichresults in the system getting surcharged. Here again, before allowing anysanitary worker to enter the sewer line, it is essential that sewage lineis emptied by blocking the main holes in the system on either side of thesinking man holes/damaged man holes. (ii) The second respondent herein should issue appropriate directionsto all the Local Bodies prohibiting the entry of sanitary workers in thesewage line wherever it is available in the Metropolitan Cities and othercities or septic tanks in other places. The instructions to be issued bythe second respondent should make it clear that under no circumstances, nosanitary workers should be permitted to enter the septic tanks of privateparties or even in the residential accommodation of the officers of theState Government or any other public authority for the purpose of cleaningsuch septic tanks. Clearing of filled septic tanks should be carried outonly by using mobile mechanical pumps or some other devices and not by https://hcservices.ecourts.gov.in/hcservices/ allowing any sanitary workers for that purpose. In this context, it isneedless to state that by virtue of the provisions contained in theEmployment of Manual Scavengers & Construction of Dry Latrines(Prohibition) Act, 1993, such entry of sanitary workers is impermissiblein law and the strict penal provisions should be enforced wherever suchviolations take place flouting the directions to be issued by the secondrespondent. (iii) The third respondent-CMWSSB shall arrange for the provision ofsafety gadgets to all the sanitary workers whose services are availed bythe third respondent either directly or through its contractors wheneverand wherever, they are directed to enter the sewage lines for thosepermissible occasions as directed in this order. The third respondent isalso directed to ensure that the institutions and enterprises like hotels,marriage halls, cattle yard, educational institutions and otherestablishments construct diaphragm chambers to prevent entry of solidwaste into the sewage system. Such construction of diaphragm chambersshould be directed to be made within one month from the date of issue of acopy of this order. It is made clear that violation of the abovedirections would lead to taking severe penal action, both as against theconcerned enterprises and institutions, as well as against the thirdrespondent. (iv) The third respondent shall also take necessary steps foridentifying 4110 sewage lines which have been unauthorisedly connectedwith the storm water drains and reconnect the same to the sewage system.The third respondent shall also take necessary action against thoseviolators as per law. (v) The third respondent shall also arrange for propagation of theevil practice that is being adopted all these days, apart from creatingawareness among the public against throwing of solid waste into thesewerage system. The third respondent shall carry out such programmes on awar footing to ensure that the public are made aware of the consequencesof such evil practices which result in grave consequences of even loss oflives of such sanitary workers in the process of clearing the blocks. (vi) Apart from the above directions to the second and thirdrespondent, in order to redress the grievance of those employees who losttheir lives in the process of clearing the septic tanks or seweragesystem, we are of the considered view that the proper course would be toallow the dependants of such victims to approach the concerned authoritiesconstituted under the provisions of the Workmen Compensation Act. In fact,the statement furnished by the third respondent in the typed set of papersdiscloses that six of its own employees, as well as 11 of the contractemployees who lost their lives between 2003 and 2008 have either been paidcompensation under the provisions of the Workmen Compensation Act or theirclaims under the provisions of the Workmen Compensation Act are beingprocessed or settled. The third respondent himself has stated before usthat by virtue of Section 12 of the Act, as a principal employer they arebound to pay compensation even in respect of the contract employees andget themselves indemnified by the contractors. The third respondent hasfairly stated before us that it had never hesitated to meet the claim ofcompensation of the dependants of those victims. That apart, we onlydirect that in respect of the employees referred to in the said statementand whose services were availed through the contractors, and in respect ofwhom the compensation is yet to be disbursed, the third respondent shall https://hcservices.ecourts.gov.in/hcservices/ expedite the process and deposit the compensation with the concernedworkmen compensation commissioner expeditiously preferably within a periodof three months from the date of receipt of a copy of this order. (vii) Apart from the above cases reported by the third respondentthemselves, Mr.Narayanan, the petitioner, in his statement has stated thatthere are very many cases where the loss of human lives as well aspersonal injuries which have been caused in accidents arising out ofemployment of sanitary workers in the cleaning of sewerage line, nocompensation has been paid so far. In one of the statement we find thatsuch incident had taken place in the year 2001, and according to thepetitioner, the dependants of such victim have not been paid anycompensation so far. (viii) In such cases, we permit the petitioner or any otherauthorized representative to prefer appropriate claims before theconcerned workmen compensation commissioner within whose jurisdiction suchincident had taken place. Such claims should be filed along withappropriate application seeking condonation of delay and in the event ofsuch claims being preferred by the petitioner or any other authorizedrepresentative, we only direct that the concerned workmen compensationcommissioner shall consider the application for condonation of delay bytaking note of the helpless situation in which the claimants were placeddue to lack of knowledge in approaching the said authority. Delay shouldbe condoned and the claims be decided on merits and appropriate orders bepassed in accordance with law as early as possible. 25. With the above directions, this writ petition is disposed of. Thesecond and third respondents are directed to file affidavits in theRegistry within six weeks confirming the compliance of the directionsissued to them in this order with a copy to the petitioner and the learnedGovernment Pleader. No costs. sm/pvSd/Asst.Registrar/true copy/Sub Asst.RegistrarCopy to:- 1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai – 600 009.2. The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/

3. The Chairman & Managing Director, Chennai Metrowater Supply and Sewerage Board, No.1, Pumping Station Road, Chindadripet, Chennai – 600 002. 4. The Chairman & Managing Director, Tamil Nadu Water Supply & Drainage Board, 31, Kamaraj Salai, Chepauk, Chennai – 600 005. 5. The Secretary to Government, Adidravidar & Tribal Welfare Department, Secretariat, Chennai – 600 009.6. The Co-ordinating Director, National Environment Engineering Research Institute, Zonal Laboratory, CSIR Complex, Taramani, Chennai – 600 113. 7. The Commissioner, Sriperumbadur Panchayat Union, Sriperumbadur.8. The Section Officer, Writ Section, High Court, Madras 9. The Government Pleader, High Court, Madras.+ 1 cc to Mr. A. Narayanan Party in Person SR No. 65408SR/27.11.2008 W.P.No.24403 of 2008