Proctor & Gamble Home Products Pvt. Ltd. vs P.C. Sharma

An original application (O.A. 30/2015) was filed by the applicant-P.C. Sharma against various respondents named therein, including respondent No. 1-M/s. Proctor & Gamble Home Products Pvt. Ltd. The said application came to be decided on 3.08.2017 with the directions, only the relevant directions for the purpose of review application are being reproduced which are, as follow:-

"24. Apart from the above, we would further direct that every fortnight such labour which have been engaged shall be medically examined at the instance of the Respondent No. 1 for ensuring that the labour engaged for handling such material which is the raw material for the manufacture of the goods is not in any manner found to be suffering from any of the ill effects of handling such material. In case they are found to be suffering from any such ailments their treatment shall be the responsibility of the Respondent No. 1 and the Respondent No. 1 shall bear the entire cost of the same.

So far as the disposal of sanitary items is concerned, since the sanitary waste has been classed as Municipal Solid Waste by the CPCB/MoEF the Solid Waste Management Rules 2016 shall be applicable to the Respondent No. 1. Therefore, we also direct that the Respondent No. 1 shall comply with the Solid Waste Management Rules, 2016 by providing a disposal pouch or wrapper along with the packaged sanitary products for safe and proper disposal of used sanitary napkins and diapers. It shall also be obligatory for the Respondent No. 1 to undertake public awareness measures for disposal of used napkins and diapers in prescribed manner."

It is said that after pronouncement of the judgment in the original application, the applicant had filed a review application (08/2017) on 13.10.2017. The review application was also accompanied by an application for condonation of delay on which notices were issued by the Tribunal on 09.11.2017. After service having been effected on the respondents, the Tribunal considered the application on 12.01.2018 and allowed the same.

We are also informed that the review applicant (original respondent No. 1) had also filed an appeal against the order of the Tribunal dated 03.08.2017 before the Hon'ble Supreme Court of India. The said appeal was dismissed as withdrawn on 26.11.2018 with liberty to pursue the remedy of review.

Now, this review application has come up before us for consideration. The primary contentions raised for the review application are on two counts. Firstly, in respect of the of direction given by the Tribunal in para 25 of the judgment, that every fortnight the labour engaged in the work shall be medically examined at the instance of respondent No. 1 for ensuring that the labour engaged for handling raw material for manufacture of the goods, is not in any manner found to be suffering from any of the ill effects of handling the materials. Secondly, the review sought is in respect of the directions issued to respondent No. 1 for providing a disposal pouch and wrapper along with the packaged sanitary products for safe and proper disposal of used sanitary napkins and diapers.

In so far as directions with regard to fortnightly medical examination of the labour is concerned, it has been contended before us that such an exercise would be burdensome to the respondent and to comply with such direction it would not be practical as large number of labour is engaged.

As regard providing of disposal pouch and wrapper, it has been submitted that respondent No. 1 is providing tap for use of sanitary napkins and diapers.

We have given our thoughtful consideration to submissions made in respect of the grounds of review of the order dated 03.08.2017, particularly the directions given in para 25 and 26. We are afraid that the contentions raised for the purpose of reviewing the order of the Tribunal, do not convince us and in our considered opinion they also do not fall within the purview and scope of reviewing the order passed on 3.08.2017. So far as contention for fortnight medical examination of the labour is concerned, it is clear in the direction itself that fortnight medical examination of the labour is to be conducted in respect of those who are handling with the raw material.

Moreover, it was submitted on behalf of respondent No. 1 itself that the unit has a doctor in its team available at the site throughout. Therefore to comply with the order of medical examination fortnightly in respect only the labour who are handling the raw material should not be a matter of difficulty for the respondents. Above all such steps of medical examination is in interest and benefit of the labour who are handing the raw material, as a precaution and for their safety.

The direction with regard to providing of disposal of pouch and wrapper is concerned, needless to say that it is for safe and proper disposal of used sanitary napkins and diapers. According to the review applicant they are using pouch with a tape. In our considered view in case of handling of used sanitary napkins and diapers, it is advisable to take proper and complete steps so that no adverse effect could follow on the user and the environment. The relevant rules, in this regard are to be strictly complied with.

In view of the above, we are of the considered opinion that submissions made for reviewing the order dated 03.08.2017 are devoid of merits. Furthermore, there is no error apparent on the face of the record so as to fall within the purview and scope of review.

Consequently, review application is dismissed with no order as to cost.