LATA WADHWA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition was filed by the three petitiners, invoking the jurisdiction of this Court under Articles 21 and 32 of the constitution of India for issuance of a writ of mandamus or any other writ or directions, ordering prosecution of the officers of the Tata Iron and Steel Company and their agents and servants, for the alleged negligence in organising the function, held on 3rd of March, 1989 in Jamshedpur and direct that appropriate compensation be provided to the victims by the State Government as well as the Company. It was also prayed that a writ or direction be issued to the State Government to provide security and safety of the families, as it is apprehended that the company may use its influence to harass the petitioners and their relations, who happen to be the victims of the circumstances. The petitioners had also prayed for a direction that legal assistance be given to the victims of the cirumstances to pursue the cases before the criminal and Civil Courts. It has been alleged in the writ petition that while 150th Birth Anniversary of Sir Jamshedji Tata, was being celebrated on 3rd of March, 1989 within the factory premises and a large number of employees, their families including small children had been invited, but the organisers had not taken adequate safety measure and on the other hand, several provisions of the Factories Rules and Factories Act had been grossly violated. A devastating fire engulfed the VIP Pandal and area surrounding and by the time the fire was extinguished, a number of persons lay dead and many were suffering with burn injuries. Some of the injured also died on the way to the hospital or while being treated as the hospital. The death toll reached 60 and the total number of persons injured were 113. Amongst the persons dead, there were 26 children 25 women and 9 men. It was also stated that out of the 60 persons, who died, 55 were either employees or relations of employees of the Tata Iron and Steel Company and similarly, out of 113 persons injured, 91 were either employees or their relations. Smt. Lata Wadhwa, the petitioner No.1, lost her both the children, a boy and a girl and her parents. Her husband was an employee of the company. It was alleged in the writ petition that the State of Bihar had been colluding with the company and there has been total inaction on the part of the State in taking appropriate action against the negligent officers for whose negligence, the tragedy occurred. The State in its counter-affidavits, however denied the allegations made and further averred that inquiries had been conducted by a Committee constituted by the Government of Bihar, Department of Labour, Employment and Training and report was submitted to the company, indicating the negligence of the personnel and on that basis, criminal prosecution had been launched. The company also filed counter-affidavit denying the charge of negligence and lack of care and sympathy for the injured as well as for the kith and kin of the deceased. The company in its counter-affidavit further indicated the steps taken by several employees and how the doctors in the hospital worked round the clock. It was also averred that costly medicines from all over the world were brought for prompt and appropriate treatment. It is the positive case of the company that it is because of the steps taken by it, none of the relatives of the deceased approached any Court or authority for any compensation or damages, except the present petitioners, who were in fact acting on their own. In course of hearing of this petition and pursuant to the interim orders passed by this Court, the company furnished the particulars of the persons injured as well as the particulars of the persons, who died. When the writ petition came up for disposal, Mr. F. S. Nariman, the learned senior counsel appearing for the company stated to the Court that notwithstanding several objections, which have been raised in the counter-affidavit, the company does not wish to treat the litigation as an adversarial one, and on the other hand, the matter is left to the Court for determining what monetary compensation should be paid, according to law, after taking into consideration all the benefits and facilities already extended and continuing as summarised in the affidavit dated 3rd of February, 1993. This Court on15th of December, 1993, came to the conclusion that the question of grant of compensation should be looked into by a person, having expertise and ultimately requested Shri Y. V. Chandrachud, former Chief Jutice of India to look into the matter and determine the compensation, payable to the legal heirs of the deceased as well as compensation payable to the injured persons. It was also indicated on the basis of an agreement between the parties that in determining the compensation, principles indicated by the Andhra Pradesh High Court in its decisions in Chairman, A.P.S.R.T.C. vs. Safiya Khatoon, 1985 Acc CJ 212; Bhagwan Das vs. Mohd. Arif, 1987 Acc CJ 1052 and A.P.S.R.T.C. vs. G. Ramanaiya, 1988 Acc CJ 223 should be borne in mind. The Court also further observed that while determining compensation, the benefits and advantages conferred on the injured persons or upon the legal heirs of the deceased persons by the Company, need not be taken into account and that factor would be taken into consideration, while passing the final orders. The Court, also by the aforesaid order dated 15th December, 1993, stayed the criminal proceedings, pending in the Court of Sub-Divisional Magistrate, Jamshedpur as well as the Criminal Revision Application, pending before the Ranchi Bench of the Patna High Court. It was directed further, that the matter should be placed for orders, after receipt of the report from Shri Y. V. Chandrachud.

(2.) Shri Y. V. Chandrachud, had been intimating from time to time to this Court as to why it has not been possible to conclude the proceedings before him and when the matter was listed before the Court on 28th September, 2000, it transpired that the proceedings are moving with a snail's pace. The Court, therefore, requested Shri Chandrachud, to conclude the proceedings and intimate the Court by 2nd week of November, as to the results of the same. Shri Y. V. Chandrachud, thereafter, took expeditious and effective steps and passed an order, granting compensation to the tune of Rs. 1, 19,58,320/- in favour of the dependants of the deceased persons and Rs. 288 lakh as interim compensation in the injured cases. Finally, Shri Chandrachud had also submitted his report, quantifying the compensation payable in the injury cases too.

(3.) On behalf of the petitioners, an objection has been filed to the aforesaid report of Shri Y.V. Chandrachud and on behalf of the respondent-company, an affidavit in opposition to the said objection has been filed. The matter was ultimately heard at length and Ms. Rani Jethmalani argued on behalf of the writ petitioners and Mr. F. S. Nariman, the learned senior counsel, argued on behalf of the company.