Delhi Jal Board vs National Campaign Etc.& Ors

(g) The respondents shall provide soap and oil to all the workmen according to the present quota, but on monthly basis and not at the end of the year.

(j) The respondents shall provide all workers, including contract workers, employment cards as set out in clause 9 of the Labour Regulations and, on termination of services provide the contract workers and others with a 10 service certificate as set out in clause 10 of the Labour Regulations.

9. After considering the affidavits filed by the State agencies and the arguments made before it, the Division Bench of the High Court passed order dated 21.4.2009 (impugned order), the relevant portions of which read as under:

(q) Lastly, the respondents are directed to place on record the proposals and plans to phase out manual work and replace it with mechanized sewer cleaning, as envisaged by DJB as well as NDMC, which shall be done within three months.

29. Reference also deserves to be made to MCD v. Assn. of Victims of Uphaar Tragedy and others (2005) 9 SCC 586 whereby this Court entertained the appeal filed against the order passed by the Delhi High Court for payment of compensation to the families of those who died in Uphaar tragedy and directed the appellants to deposit Rs.3,01,40,000/- with a further direction that 50% of the amount shall be available for distribution to the claimants.

31. In the result, the appeal is dismissed subject to the aforesaid direction regarding the amount of compensation to be paid by the appellant. It is needless to say that the appellant shall be entitled to recover the additional 44 amount from the contractor. Respondent No.1 shall also be entitled to file appropriate application before the High Court for payment of enhanced compensation to the families of other victims and we have no doubt that the High Court will entertain such request.

32. With a view to obviate further delay in implementation of the directions contained in the first order passed by the High Court on 20.8.2008, we direct the appellant to ensure compliance of clauses (a), (b),

(d), (e), (f), (g), (i), (k), (m) and (n) within a period of two months from today and submit a report to the High Court. The appellant shall also ensure that these directions are complied with by the contractors engaged by it for execution of work relating to laying and maintenance of sewer system within the area of its jurisdiction. A report to this effect be also submitted to the High Court within two months. Additionally, we direct that in future the appellant shall ensure that the directions already given by the High Court and which may be given hereafter are made part of all agreements which may be executed with contractors/private enterprises for doing work relating to sewage system.

33. The directions contained in the preceding paragraph do not imply that the appellant and other agencies/instrumentalities of the State like New Delhi Municipal Council, Municipal Corporation of Delhi, Delhi State 45 Industrial Development Corporation are not required to comply with the directions given by the High Court. Rather, they too shall have to submit similar reports.

34. As regards the other clauses of paragraph 9 of order dated 20.8.2008, the High Court may give necessary directions so that they are complied with and implemented by the State and its agencies/instrumentalities without any delay.

35. The case be listed before the Division Bench of the High Court in the third week of September, 2011 for further orders.