CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1995] 1 S.C.R. 626 · Decided: 27-01-1995 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Case Allowed

Cited by 6 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

A CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS. 
v. 
UNION OF INDIA AND ORS. 
JANUARY 27, 1995 
B 
[AM. AHMADI, CJ, MADAN MOHAN PUNCHHI AND 
K. RAMASWAMY, JJ.) 
Constition of India-Art. 21, 39(e), 41, 43, 48A-Right to life-Right to 
health-Right to health and vigour.of workers while in se7Vice or pose.rettre-
C ment. 
Right to medical aid-Occupational health hazards and diseases of 
workmen employed in mines and asbestos industries-Vicarious liability of 
employer to pay damages. 
D 
Article 32 or 226-Public Law claims-Money compensation can be 
granted for enforcement and protection of Fundamental Rights. 
Convention 162 of International Labour Conference-India. one of the 
signatories-Rules provided by !LO, Geneva made applicable. 
E 
Factories Act-Rule 123A issued by the Government of India-Yawning 
F 
gaps-Filled by directives of the Courl. ·. 
Practice and Procedure-Public Interest Litigation-Employer bound 
by direction issued by the Court under Arl. 32 and 142-Even though not a 
party to the proceedings. 
/.. 
By Public Interest Litigation under ArticJe 32 oJ the .Constitution· 
highlighting the .lacuna in diverse provisions.: of -law applicable to the 
a~bestos industry, petitioner sought remedial measures for the protection 
of the health of the workers engaged in mines and asbestos industries with.: 
G adequate mechanism for diagnosis and control of the silent killer disease-
'asbestosis'. 
The appellants sought directions to all industries to maintain and 
preserve compulsorily, health records of each workman for a stipulated 
duration, to adopt the 'Membrane Filter Test', to compulsorily insure their 
H employees and for the appointment of a committee of experts to determine 
626 
• 
CONSUMER EDUCATION CENTRE v. U.0.1. 
. 627 
the sta~dard of permissible exposure limit value. Petitioners also prayed A· 
for appropriate directions .to the State Governments to insure the 
'workmen, to direct medical re-examinatfon of persons found suffering 
from -asbestosis by the National Institute of Occupational Health and_to 
the Central Government for appointment of a Committee to recommend 
whether the dry process was to be completely replaced by the wet process. B 
Allowing the writ petition, this Court 
HELD : 1.1. The right to health and medical care is a fundamental 
right under Article 21 read with Articles 39(c), 41and43 of the Constitu-
tion which made the life of the workman meaningful and purposeful with C 
dignity of person. Right to life included protection of the h~alth and 
strength of the worker as a minimum requirement to enable a person to 
live with human dignity. The Union and State Government, public and 
private industry was enjoined to take such action that would promote 
health, strength and vigour of the workmen during the period of employ-
ment and leisure and health even after retirement as a basic essential to D 
live life. The health and strength of the worker was an. integral facet of the 
rmht to life and denial thereof denuded the workman of his livelihood and 
the finer facets of life violating Art. 21. [659-G-H, 660-A] 
1.2. The right to human dignity, development of personality, social E 
protection, right to rest and leisure were fundamental Huma,n Rights to a 
workman assured by the Charter of Human rights, in the Preamble and . 
Arts. 38 and 39 of the Constitution. Facilities for medical care and health 
ensured stable ma;npower for economic development and generated devo-
tion to duty and dedication. Health of the worker enabled him to enjoy the 
fruit of his labour, keeping him physically fit and mentally alert for leading . F 
. 
. 
. 
a successful life, economically, socially and culturally. Medical facilities to 
protect the health of the workers· are therefore, the fundamental and 
human rights of the workmen. [660-B-C] 
1.3. Right to health, medical aid to protect the health.and vigour of 
a worker while in ser\rice or post retirement is a fundamental right under G 
Article 21, read with Articles 39(c), 41, 43, 48A and all related Articles and 
fundamental human,rights. [660-D] 
· 
2. In an appropriate case, the Court could give appropriate direc· 
tions to the employer, be it the State or its undertaking or private employer H 
j 
A 
B 
c 
D 
E 
628 
SUPREME COURT REPORTS 
[1995] 1 S.C.R. 
to make the right to life meani~gful, to prevent pollution at the workplace, 
for protection of the environment, for protection of the health of the 
workman or to preserve free and unpo

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