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2025 DAILYLAW 35407 (PNJ)

ANOOP KHATANA v. STATE OF HARYANA AND OTHERS

CWP/7219/2023 · 2025-04-29

Kuldeep Tiwari

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Judgment text

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CWP-7219- IN THE HIGH COURT OF PUNJAB AND HARYANA (231) Anoop Khatana State of Haryana CORAM: Present: KULDEEP TIWARI 1. the Constitution of India, dated 21.03.2022 (Annexure P Rs.10,00,000/ the Committee, constituted under the chairmanship of Deputy Commissioner, Gurugram, has approached this Court, seeking quashing of the proceedings of the meeting recovery, dated 07.1 2. died due to suffocation from poisonous gas -2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Anoop Khatana Versus Haryana and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Ashish Gupta, Advocate for the petitioner. Mr. Rajesh Gaur, Addl. AG, Haryana for respondents No.1 and 2. Mr. Vivek Chauhan, Advocate for respondent No.3-Municipal Corporation, Gurugram. Ms. Deepali Verma, Advocate (Legal Aid Counsel) for respondents No.6 to 10. **** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, fetching grievance dated 21.03.2022 (Annexure P-7), whereby, Rs.10,00,000/- as compensation, on account of death of one B the Committee, constituted under the chairmanship of Deputy Commissioner, has approached this Court, seeking quashing of the proceedings of eeting dated 21.03.2022 (Annexure P recovery, dated 07.11.2022 (Annexure P-8), issued thereof The facts which are not under dispute is that died due to suffocation from poisonous gas 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7219-2023 Date of Decision : 29.04.2025 …Petitioner Versus ...Respondents KULDEEP TIWARI Rajesh Gaur, Addl. AG, Haryana ate Municipal Corporation, Gurugram. Ms. Deepali Verma, Advocate (Legal Aid Counsel) petition, cast under Articles 226/227 of fetching grievance from the minutes of the meeting , whereby, the petitioner was directed to pay as compensation, on account of death of one Balraj Sauda, by the Committee, constituted under the chairmanship of Deputy Commissioner, has approached this Court, seeking quashing of the proceedings of (Annexure P-7), as well as the notice of 8), issued thereof. The facts which are not under dispute is that, one Balraj Sauda, died due to suffocation from poisonous gas, while he was cleaning the petition, cast under Articles 226/227 of from the minutes of the meeting the petitioner was directed to pay alraj Sauda, by the Committee, constituted under the chairmanship of Deputy Commissioner, has approached this Court, seeking quashing of the proceedings of as well as the notice of Balraj Sauda, , while he was cleaning the MANPREET SINGH 2025.05.05 09:41 I attest to the accuracy and authenticity of this order/judgment CWP-7219- sewerage, and on account of the said 28.08.2019, under Section 304 Scheduled Castes and the Scheduled Tribes (Prev 1989, and under Manual Scavengers Police Station, New Colony, District Gurugram Under the Prevention of Atrocities Act, the department has already released the financial help of Rs.8,25,000/ 3. concerned, has passed a direction upon the petitioner, to pay the compensation, any findings to petitioner, or not. any negligence liable to pay the compensation of Rs.10,00,000/ Furthermore, by referring to the application, preferred by the LRs of the deceased Balraj Sauda, 1923, learned counsel has clearly claimed that they are the employees of the Municipal Corporation, and in that eventuality, it was the duty of the Municipal Corporation concerned, to provide the safety absence of such be held liable to pay the compensation. 4. behalf of the respondents No.6 to 10, has not disputed the fact, a above. However, she submits that either the -2023 , and on account of the said incident 28.08.2019, under Section 304-A of the IPC, Scheduled Castes and the Scheduled Tribes (Prev under Sections 7, 9 and 22 of Prohibition of Employement as Manual Scavengers and their Rehabilitation Act, 2013, was registered at Police Station, New Colony, District Gurugram Under the Prevention of Atrocities Act, the department has already released the financial help of Rs.8,25,000/-, to the LRs Learned counsel for the petitioner submit concerned, has passed a direction upon the petitioner, to pay the compensation, to the LRs of the deceased-Balraj Sauda, but any findings to this effect, as to whether, the deceased was employed by the petitioner, or not. He further submits that there is no finding, as to whether, any negligence was attributed to the present petitioner, liable to pay the compensation of Rs.10,00,000/ Furthermore, by referring to the application, preferred by the LRs of the deceased Balraj Sauda, as filed under the Employees Compensation Act, , learned counsel for the petitioner submits that the LRs of the deceased has clearly claimed that they are the employees of the Municipal Corporation, and in that eventuality, it was the duty of the Municipal Corporation concerned, to provide the safety equipments absence of such compliance, only the Municipal Corporation concerned, can be held liable to pay the compensation. Learned Legal Aid Counsel, who has caused appearance on behalf of the respondents No.6 to 10, has not disputed the fact, a above. However, she submits that either the 2 incident, one FIR No.298 dated A of the IPC, and under Section 3 of t Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Sections 7, 9 and 22 of Prohibition of Employement as and their Rehabilitation Act, 2013, was registered at Police Station, New Colony, District Gurugram, against the present petitioner. Under the Prevention of Atrocities Act, the department has already released , to the LRs of the deceased Balraj Sauda. Learned counsel for the petitioner submits that the Committee concerned, has passed a direction upon the petitioner, to pay the Balraj Sauda, but has not recorded effect, as to whether, the deceased was employed by the He further submits that there is no finding, as to whether, attributed to the present petitioner, or not, making him liable to pay the compensation of Rs.10,00,000/-, as imposed upon him. Furthermore, by referring to the application, preferred by the LRs of the filed under the Employees Compensation Act, submits that the LRs of the deceased has clearly claimed that they are the employees of the Municipal Corporation, and in that eventuality, it was the duty of the Municipal Corporation equipments to its employees, and in the compliance, only the Municipal Corporation concerned, can Learned Legal Aid Counsel, who has caused appearance on behalf of the respondents No.6 to 10, has not disputed the fact, as recorded above. However, she submits that either the Municipal Corporation concerned, , one FIR No.298 dated under Section 3 of the ention of Atrocities) Act, Sections 7, 9 and 22 of Prohibition of Employement as and their Rehabilitation Act, 2013, was registered at , against the present petitioner. Under the Prevention of Atrocities Act, the department has already released of the deceased Balraj Sauda. that the Committee concerned, has passed a direction upon the petitioner, to pay the recorded effect, as to whether, the deceased was employed by the He further submits that there is no finding, as to whether, making him , as imposed upon him. Furthermore, by referring to the application, preferred by the LRs of the filed under the Employees Compensation Act, submits that the LRs of the deceased has clearly claimed that they are the employees of the Municipal Corporation, and in that eventuality, it was the duty of the Municipal Corporation s, and in the compliance, only the Municipal Corporation concerned, can Learned Legal Aid Counsel, who has caused appearance on s recorded Municipal Corporation concerned, MANPREET SINGH 2025.05.05 09:41 I attest to the accuracy and authenticity of this order/judgment CWP-7219- or the present petitioner, are liable to pay the compensation, and even, now the compensation has been enhanced liable to pay the enhanced Supreme Court in SCC Online SC 1386 5. respondents No.1, 2, 4 and 5 finding returned the deceased was employed by the petitioner, or Municipal Corporation concerned, or by any other individual contractor. the impugned directions, as passed by the Committee concerned, requires interference 6. behalf of the respondent No.3 the deceased was never employed by them, and they have already taken this stand before the Labour Commissioner 7. counsel for the parties concerned. 8. returned by the Committee concerned, fixing the responsibility of the petitioner, as to whether, the deceased was engaged by the petitioner, for the purpose of carrying out the manual sewerage cleaning, or it wa Corporation concerned, who engaged the deceased, to perform the said duty. 9. directions, as to the effect of paying the compensation of Rs.10,00,000/ -2023 or the present petitioner, are liable to pay the compensation, and even, now the compensation has been enhanced to the tune of Rs.30,00,000/ y the enhanced amount, in view of the ratio laid down by Hon’ble Supreme Court in ‘Balram Singh versus Union of India and others’ 2023 SCC Online SC 1386. On the other hand, learned respondents No.1, 2, 4 and 5, fairly address the arguments, that there is no returned by the Committee concerned, to the effect, that the deceased was employed by the petitioner, or Municipal Corporation concerned, or by any other individual contractor. the impugned directions, as passed by the Committee concerned, requires interference of this Court. Furthermore, learned counsel, who has caused appearance on behalf of the respondent No.3-Municipal Corporation, Gurugram, submits tha the deceased was never employed by them, and they have already taken this stand before the Labour Commissioner concerned This Court, has considered the submissions made by the learned counsel for the parties concerned. The perusal of the impugned order reflects that there is no finding returned by the Committee concerned, fixing the responsibility of the petitioner, as to whether, the deceased was engaged by the petitioner, for the purpose of carrying out the manual sewerage cleaning, or it wa Corporation concerned, who engaged the deceased, to perform the said duty. In view of the above, this Court, deems it apt to interfere in the as passed by the Committee concerned. to the effect of paying the compensation of Rs.10,00,000/ 3 or the present petitioner, are liable to pay the compensation, and even, now the to the tune of Rs.30,00,000/-, and they are , in view of the ratio laid down by Hon’ble ‘Balram Singh versus Union of India and others’ 2023 learned State counsel, representing the rly address the arguments, that there is no by the Committee concerned, to the effect, that as to whether, the deceased was employed by the petitioner, or Municipal Corporation concerned, or by any other individual contractor. In absence of such findings, the impugned directions, as passed by the Committee concerned, requires , learned counsel, who has caused appearance on Municipal Corporation, Gurugram, submits tha the deceased was never employed by them, and they have already taken this concerned. This Court, has considered the submissions made by the learned gned order reflects that there is no finding returned by the Committee concerned, fixing the responsibility of the petitioner, as to whether, the deceased was engaged by the petitioner, for the purpose of carrying out the manual sewerage cleaning, or it was the Municipal Corporation concerned, who engaged the deceased, to perform the said duty. this Court, deems it apt to interfere in the passed by the Committee concerned. Consequently, the direction to the effect of paying the compensation of Rs.10,00,000/-, by the petitioner, or the present petitioner, are liable to pay the compensation, and even, now the , and they are , in view of the ratio laid down by Hon’ble ‘Balram Singh versus Union of India and others’ 2023 representing the rly address the arguments, that there is no as to whether, the deceased was employed by the petitioner, or Municipal Corporation f such findings, the impugned directions, as passed by the Committee concerned, requires , learned counsel, who has caused appearance on Municipal Corporation, Gurugram, submits that the deceased was never employed by them, and they have already taken this This Court, has considered the submissions made by the learned gned order reflects that there is no finding returned by the Committee concerned, fixing the responsibility of the petitioner, as to whether, the deceased was engaged by the petitioner, for the s the Municipal Corporation concerned, who engaged the deceased, to perform the said duty. this Court, deems it apt to interfere in the he direction , by the petitioner, MANPREET SINGH 2025.05.05 09:41 I attest to the accuracy and authenticity of this order/judgment CWP-7219- is hereby set aside. to take a fresh decision, after considering all the facts and circumstances, and decide the matter Court in ‘Safai Karamchari Andolan and others versus Union of India and others, AIR 2014 SC (CIVIL) 1340 India and others’ 2023 SCC Online SC 1386 due opportunity of hearing to the parties concerned, shall take a decision within a period of three months, from the date of receipt of certified copy of this order. 10. April 29, 2025 Manpreet -2023 set aside. The matter is remitted back to the Committed concerned, to take a fresh decision, after considering all the facts and circumstances, and the matter, in view of the judgment Safai Karamchari Andolan and others versus Union of India and others, AIR 2014 SC (CIVIL) 1340 and India and others’ 2023 SCC Online SC 1386 due opportunity of hearing to the parties concerned, shall take a decision within a period of three months, from the date of receipt of certified copy of Consequently, the instant writ petition is , 2025 Whether speaking/reasoned Whether reportable 4 The matter is remitted back to the Committed concerned, to take a fresh decision, after considering all the facts and circumstances, and in view of the judgments passed by the Hon’ble Supreme Safai Karamchari Andolan and others versus Union of India and and ‘Balram Singh versus Union of India and others’ 2023 SCC Online SC 1386. The Committee, after affording due opportunity of hearing to the parties concerned, shall take a decision within a period of three months, from the date of receipt of certified copy of Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No The matter is remitted back to the Committed concerned, to take a fresh decision, after considering all the facts and circumstances, and passed by the Hon’ble Supreme Safai Karamchari Andolan and others versus Union of India and ‘Balram Singh versus Union of mmittee, after affording due opportunity of hearing to the parties concerned, shall take a decision within a period of three months, from the date of receipt of certified copy of MANPREET SINGH 2025.05.05 09:41 I attest to the accuracy and authenticity of this order/judgment