Introduction:

In a recent development at the Gujarat High Court, a scathing rebuke was directed at the state government for filing an FIR against a contractual sanitation worker who tragically lost his life while performing hazardous duties. The Court, presided over by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, expressed strong disapproval of the government’s actions and emphasized the need for accountability in ensuring the safety and well-being of workers.

Arguments of Both Sides:

During the hearing of a public interest litigation filed by the NGO Manav Garima, the Court deliberated on the tragic incident where a sanitation worker died while cleaning a septic tank at a government laboratory in Bhavnagar city. The government’s counsel defended the filing of the FIR against the surviving worker, citing alleged negligence and deliberate actions. However, Chief Justice Agarwal highlighted the worker’s dire circumstances and criticized the government’s failure to compensate him adequately. The Court underscored the civic body’s responsibility as the principal employer and emphasized the need for thorough investigations into the incident.

Court’s Judgment:

The Gujarat High Court firmly asserted the obligation of the municipal corporation to compensate the sanitation worker’s family and called for stringent measures to prevent similar tragedies in the future. Chief Justice Agarwal directed the Principal Secretary of the Urban Development and Urban Housing Department to file a personal affidavit detailing the actions taken in response to the factual inquiry report. The Court emphasized the need for accountability and urged the government to address the lapses identified in the investigation.