3 yrs after fire, Delhi HC asks cracker unit owner to pay ₹34L as compensation

Justice Prathiba M Singh said that the amount should be deposited with the Commissioner of Employees’ Compensation Act of north-east district in two instalments, by November and January

New Delhi: Three years after a fire at a cracker unit in Bawana killed 17 people, the Delhi high court has directed the factory owner to deposit ₹34 lakh with the authorities as compensation for families of the victims.

The total delay in filing the writ petition is more than 1,100 days, as per the petitioner, but over 1,900 days, according to the Delhi government. (Picture for representation only)

Justice Prathiba M Singh said that the amount should be deposited with the Commissioner of Employees’ Compensation Act of north-east district in two instalments, by November and January.

“The deposit and release of the amounts are being directed to provide some succour to the families of the victims who lost earning members. One of the victims was a 13-year-old girl. The above deposits shall be subject to further orders in the present petition,” the court said.

The order comes while hearing a plea by the factory’s owner Manoj Jain, challenging the notices issued by the commissioner of Employees’ Compensation Act on January 21, 2018, directing him to pay the computed compensation amounts to the legal heirs of the employees who died in the 2018 incident.

As per the application for condonation of delay, the petitioner attributed the delay in filing a writ petition challenging the commissioner’s order to his former lawyer who reportedly asked him to focus on the criminal trial, which is going on in a lower court, as it is “more important” than the proceedings under the Employees’ Compensation Act, since it’s a “civil case”.

The total delay in filing the writ petition is more than 1,100 days, as per the petitioner, but over 1,900 days, according to the Delhi government.

In an order on October 25, the court said that the delay in filing the petition by the factory owner shall be condoned and the interim order of no coercive action shall continue subject to the ₹34 lakh being deposited. It also directed the commissioner to ensure ₹2 lakh each is released to the legal heirs of the victims.

At least 17 workers died and two others were injured in the fire which took place on January 20, 2018, following which an FIR was lodged under the sections of the Indian Penal Code and Explosives Act.

During the hearing, the petitioner’s counsel informed the court that in the course of the criminal trial, a sum of ₹34 lakh was already deposited by Jain’s son in 2018, who was earlier arrested and granted bail by a trial court on the condition of depositing the money.

The court was informed by the counsel for the Delhi government and some of the victims that they learned of two more incidents of fire in other firms associated with the factory owner.

The high court said under such circumstances and considering the delay in the present case, some conditions will be liable to be imposed for the continuation of the interim order -- preventing coercive action against Jain -- and condonation of delay.

The court made it clear that if the deposits are not made by the petitioner, the application seeking condonation of delay shall automatically stand dismissed and that the writ petition challenging the commissioner’s notice will be dismissed without any further orders.

It also directed the commissioner to file a status report concerning the directions before the next date of hearing on February 10 next year.