Labour Rights, Industrial Death, Industrial Accident

September 1, 2006 - PILs of 2006, Public Interest Litigation - no comments
Case Name and Number: KTS Garments Case, Writ Petition No. 2019/2006
Parties: Ain o Salish Kendra and others Vs. Government and others
Court: High Court Division of the Supreme Court
Judges: Justice Md. Abdul Matin, Justice A T M Fazle Kabir
ASK’s Role: Petitioner
Conducting Lawyer: Dr. Kamal Hossain, Tanjib-ul-Alam
Subject Matter: A four-stored building situated at the BSCIC Industrial Area in Chittagong used as the factory of KTS Textile and Garments caught fire and 57 workers died. At the time of fire the main gate was closed as per the direction of the management and there was no emergency exit. Many of the workers finding no route of escape simply burnt to death and their bodies were found in the staircase, on the floor and window grilles. The case was filed against the inaction and omission of the concerned authorities (Ministry of Labour, Chief Inspector of Factories and Fire Service & Civil Defense), seek a direction on the authorities to ensure effective enforcement of applicable laws on workplace safety, in particular, regarding prevention of deaths and injuries of workers from fire in garments manufacturing factories, amounting to breach of their statutory duties and causing deaths of workers.
Court’s Response: The Court issued a rule nisi on March 08, 2006 calling upon the Government as to why the authorities concerned should not be directed to take necessary action as required by law to effectively investigate, prosecute and punish those responsible for death and injuries of the victims of fire at KTS Garments in Chittagong. Pending hearing of the rule nisi Court directed the concerned authorities to submit investigation report relating to cause of fire and safety measures. The Court also directed the KTS authorities to submit a report of a complete account of the amount paid to the victims as compensation. The Court further directed them to ensure medical treatment of the victims of the fire.
Current Status: Till date the reports mentioned above have not been submitted before the Court.
ASK Contact: Abu Obaidur Rahman, Senior Coordinator, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net