Keywords: interim order, Thane Municipal Corporation, sewage workers, compensation, heirship/succession certificates, delayed compensation, fraudulent claims, verification process.
The division bench of Justice Dhiraj Singh Thakur and Justice Sandeep V. Marne of Bombay High Court passed an interim order directing the Thane Municipal Corporation (TMC) to waive the requirement for heirship/succession certificates for providing compensation to the families of sewage workers who lost their lives while cleaning sewers/septic tanks in cases when there are no disagreements among the claimants and the claims by the family members are found to be genuine. To verify the legitimacy of the claims, the Corporation was required to conduct a preliminary inquiry.
This order was issued in response to a writ petition filed by Shramik Janta Sangh Sangh, which raised concerns regarding the delayed compensation for the families of deceased sewage workers.
The TMC has adopted a Resolution to provide compensation of Rs. 10,00,000/- to the family members of sewage workers who lose their lives while cleaning sewers or septic tanks of private buildings or Co-operative Societies.
Senior Advocate Gayatri Singh, representing the petitioners, argued that the TMC insistence on heirship or succession certificates was causing unwarranted delays and imposing additional financial burdens on the grieving families. She emphasized that such demands directly contradicted the directives issued by the Supreme Court, which aimed to expedite the compensation process.
The Court highlighted the case of Safai Karamchari Andolan and Ors vs. Union of India & Ors., where the Apex court had mandated the compensation of Rs. 10 lakhs to the families of sewage workers who died while working in sewers or septic tanks since 1993 and had stressed the need of rehabilitation guided by principles of justice and transformation.
The Court acknowledged that the requirement for heirship/succession certificates was causing substantial delays in the compensation process. It took note of an incident mentioned in TMC’s reply affidavit, where three sewage workers lost their lives in 2021. Despite no disputes among the claimants, only one worker’s family received compensation and that too after a two-year delay. The remaining two families are still awaiting compensation as stuck in ongoing proceedings for the procurement of heirship/succession certificates.
Although the Court took note of the TMC’s valid concerns regarding fraudulent claims, it also remarked that these concerns should not cause undue delays in compensating the rightful beneficiaries. The Court raised apprehensions about how prolonged waiting periods for compensation were undermining the very purpose of providing compassionate assistance to the families of deceased sewage workers.
The Court emphasized that it was unrealistic to assume that there would be competing claims among relatives in every sewage worker’s death case. Hence, the TMC’s insistence on heirship/succession certificates for every case would be uncalled for. Instead, the requirement should only apply when disputes arise among the claimants.
The Court directed the TMC to conduct a verification process for the pending cases highlighted by the petitioners and provide compensation within four weeks for cases without disputes.
References:
- Live Law, https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-sewage-workers-compensation-succession-certificate-thane-municipal-corporation-233285, accessed 21 July 2023.
- Times Of India, https://timesofindia.indiatimes.com/city/mumbai/dont-insist-on-heir-certs-for-relief-to-kin-of-septic-tank-death-victims-hc/articleshow/102000473.cms, accessed 21 July 2023.
By: Saatvik, BBA LL.B. (Hons.), upcoming law student at Vivekananda Institute of Professional Studies, GGSIPU, Delhi, an intern under Legal Vidhiya.
