AI Structured Summary
Not yet generated for this judgment
Judgment
This original application is registered in suo-moto exercise of power on the basis of the news item titled “2 workers die while cleaning water tank”published in the Hindu Bureau dated 24.11.2023.
As per the said news item,two labourers choked to death while 2 others took ill when cleaning a water tank at the private firm in Anekal near Bengaluru. The news item report discloses that 2 workers had descended into the tank and started cleaning it but had collapsed on account of inhalation ofthe toxic fumes. The news item does not reflect the payment of any compensation to the deceased persons.
Hence, we are of the view that the issue relating to compliance of the provisions of the Schedule Act is involved in the matter.
Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha &Ors.” reported in 2021 SCC Online SC 897.
In the circumstance of the case, we implead following as respondent in this original application:
(i) Member Secretary, Karnataka State Pollution Control Board.
(ii) District Magistrate, Bengaluru.
Let notice be issued to the above respondents to enable them to file their response before the Southern Zone Bench, Chennaiatleast one week before the next date of hearing.
Since the matter relates to the Southern Zone Bench of the Tribunal, therefore, the original application is transferred to the Southern Zone Bench, Chennai for appropriate further action. The Registry is directed to transfer the record of this matter to the Southern Zone Bench, Chennai.
List on 19.01.2024 before the Southern Zone Bench, Chennai.