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Madras HC raps TN govt in Sterlite case

The Madras high court has rapped the Tamil Nadu government for not acting on a representation to the Chief Inspector of Factories by the Sterlite Industries, seeking clearance to restart its operations after repairing the furnace of its plant at Tuticorin, which was damaged following a blast.

Acceding to the request of the additional government pleader to grant two weeks time to the CIF to carry out the test on a petition by the company, in this regard, Justice Jayasimha Babu said it seemed that the CIF evinced no urgency in dealing with the matters relating to huge industries with large investment and that affected a large number of workmen and the state's revenue.

Two labourers were killed on August 30 last following a blast in a rotary holding furnace. The CIF, through the deputy CIF had investigated the matter and passed an order on September 3, prohibiting the use of the furnace till it was cleared.

Subsequently, the factory had stopped its operations on September 11 last and it approached the CIF on September 22 for clearance, stating that the furnace had been repaired. But the CIF did not take any action.

In its petition, the company said the CIF's order, prohibiting complete operation, was passed arbitrarily, hence it was against the law.

It said the expert committee, appointed by the state government to go into the causes of the accident, informed the CIF that it had devised serious checks to prevent recurrence of such accident. It also indicated that its recommendations would be implemented.

The judge said the factory had approached the court a month after seeking clearance from the CIF. In the meantime, the CIF or the deputy CIF did not inspect the factory to find out if any other work had to be carried out.

When the petition came up for admission, the additional director-general of police was asked to take notice and thereafter the inspector of factories led a team to inspect the factory and its equipment, the judge observed.

The police officer had stated that the CIF would finalise its report andits copy would be furnished to the factory by October 31 so that it could take steps to comply with the requirements, stipulated by the CIF.

On the police officer's submission that safety was of utmost concern, the judge said along with it, there should be equally a strong concern for ensuring continued operations of the industries in the state and not allowing their closure on account of the lethargic attitude of the inspectorate.

However, the judge adjourned the case by two weeks to enable the CIF to carry out the inspection necessary for determining the safety and advisability of restarting the factory's operations.

The judge made it clear that if the CIF formed an opinion that the factory could be restarted, this adjournment would not come in the way of its permitting the factory to recommence its operation.

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Sterlite's strange story

UNI