Gujarat High Court Seeks Response Of State, Central Govts On PIL For Extending ESI Act Benefits To Industrial Workers In District Kutch

The Gujarat High Court sought response of the ESI Corporation, State and Central governments on a PIL for extending benefits under ESI Act to district Kutch so as to provide adequate medical facilities and benefits to the workers in various factories/industries especially those working in hazardous industries in the district. 

The division bench of Chief Justice Sunita Agarwal and Justice DN Ray was last week hearing a PIL filed by a registered trade union, espousing the cause and grievances of workers across district Kutch. 

After noting the contentions and prayers in the plea the bench in its order dictated:

"All the respondents are directed to file their affidavits separately by giving detailed parawise reply...The efforts made by ESI Corporation, State government and Union of India in the direction of expanding scope of ESI Act in the state of Gujarat including district Kutch shall be placed on record in the said affidavit"

The petitioner's counsel argued that over the period of time various manufacturing industries in many sectors, MNCs and Indian companies have started their operations in the district.

It was argued that several sectors in which industrial activities has grown rapidly in the district are mentioned as minerals, port based industries, marine, chemical engineering, infrastructure projects, ceramics and textiles. It was submitted that there are three major ports which support industrial activities in the State particularly district Kutch.

Further, there is high cargo movement and work of ship building and Asia's largest timber conversion zone are prone to serious hazard. It was argued that workers in these industries are required to be covered by the scheme under the ESI Act. 

It was argued that 60% of salt production is contributed by district Kutch and yearly production is around 2.5 Lakh tonnes out of which large amount is exported. It was further argued that Salt workers also suffer from occupational hazards like heat stress, skin and eye infections and respiratory issues. Large mining reserves of limestone, bauxite etc., in the district have attracted many mineral based industries in the recent past. It was submitted that mining and processing of mineral activities are also associated with serious hazards and occupational diseases. 

It was submitted that the industrial groups working in the district are engaged in edible oil refinery, power plants, desalination plant, captive jetty etc and atleast 3000 small scale industries are operating in Kutch.  It was also submitted that workers working in chemical industries are continuously exposed to chemical fires. 

The counsel submitted that ESI scheme was introduced in the state in 1964 and first made applicable to Ahmedabad in first phase; thereafter it was extended to industrial centres. Till now only three districts are fully notified–Vadodara, Gandhinagar and Valsad, 16 are partially notified and 14 are not notified as yet which includes Kutch. 

It was argued that under Section 1(3) of the Act the Centre is empowered to extend implementation of Act to designated areas, then the respective state government has power to extend the Act to designated establishments within these areas. 

As per the requirement a survey is to be conducted in non-implemented areas, where the scheme can be notified. 

It was argued that the regional office of the ESI Corporation has not conducted any survey of district Kutch so far. The plea thus sought directions to the respondents to notify the territorial limits of district Kutch for being covered under the Act so as to provide benefits to workers working in different factories in the district. 

The matter is listed on December 12. 

Case title: SHREE KUTCH GENERAL MAZDOOR SANGH & ANR. V/S THE STATE OF GUJARAT & ORS.

R/WPPIL/44/2025