Delhi High Court Issues Notice On PIL To Regularize Contractual Sewer Workers, ₹1 Crore Compensation For Each Death

The Delhi High Court on Wednesday issued notice on a PIL seeking regularisation of around 2,000 contractual sewer workers engaged by the Delhi Jal Board (DJB), along with retrospective payment of wages and statutory benefits.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of the Delhi Government and Delhi Jal Board and listed the matter for hearing next on November 28.

The petition, filed by Dalit Adivasi Shakti Adhikar Manch (DASAM), also seeks compensation of not less than Rs. 1 crore to the family of every deceased sewer or septic tank worker and permanent government employment to one eligible dependent of each deceased worker.

The petitioner has contended that sewer cleaning and maintenance are permanent and statutory public functions of the DJB and cannot be outsourced through arrangements which allegedly deprive workers of the status, security and dignity associated with regular employment.

It has been contended that the said workers, belonging to the most marginalised and economically weaker sections of society, are engaged on a purely contractual or daily basis without any security of tenure, and are paid wages below the statutory minimum wage without any of the statutory benefits such as Provident Fund, ESI, gratuity or bonus.

The plea alleges that the exploitation and illegality has been continuing from at least 2010 and it is functioning openly and blatantly.

Citing high level corruption, the plea states that the functionaries at the highest level of Delhi government and the Delhi Jal Board are fully aware of what is happening and are directly responsible for the state of affairs.

It has been submitted that the repeated exposure to toxic gases and hazardous chemicals is associated with neurological and cognitive impairments.

“Workers may suffer persistent headaches, dizziness, memory loss, reduced concentration, neuropathy, tremors, impaired motor function, and long-term neurological disorders resulting from prolonged occupational exposure to hydrogen sulphide and other toxic substances,” it states.

A direction is sought on authorities to ensure immediate action in every case involving the death or serious injury of sewer and septic tank workers be taken under the applicable provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

It also seeks that the authorities must prohibit and discontinue the practice of sewer and septic work as is being done by any workmen other than a regular and permanent employee of the DJB or Delhi Government.

The plea has been filed through Advocate Umesh Kumar.

Title: Dalit Adivasi Shakti Adhikar Manch v. Government of NCT of Delhi & Anr