Annual Report 2009-2010 Railway Board, did not appear to be conversant with the provisions of Section 2 (d), Section 12 (a) and Section 18 (a) (i) of the PHRA as in a case of violation of human rights of a victim by a public servant, the NHRC is competent to grant monetary relief under Section 18 (a) (i) of the Act. 4.289 The Commission vide its proceedings dated 14 September 2009 recommended to the Secretary, Railway Board, to pay a compensation of Rs.2,00,000/- to the next of kin of the deceased and to submit the compliance report along with proof of payment. 4.290 The case has been closed as the directions of the Commission have been complied with. 46. Death of 11 Workers in a Cracker Factory due to Blasts in Saharanpur, U�ar Pradesh (Case No.33497/24/2004-2005) 4.291 Shri Jitendra Singh, Convenor, Campaign Against Child Labour brought to the notice of the Commission that an explosion took place in a cracker factory on 18 October 2004 which was being run from the godown of Om Babu Transport Company at Rakesh Cinema Road in Saharanpur, U�ar Pradesh. In the incident, 11 workers lost their lives and two were injured. On 28 December 2004, the Commission took cognizance of the ma�er and called for a report from the District Magistrate, Saharanpur, U�ar Pradesh. 4.292 On receipt of reports from the authorities, the Commission observed the District Magistrate as well as the Commissioner for Workmen’s Compensation seemed to have forgo�en to protect the rights of workers as they had not given any relief to their families and had le� them at the mercy of their employers. The Commission further observed that since the concerned authorities were negligent in protecting the human rights of the workers, the State became accountable for failure of obligation and it must pay monetary relief to the 11 families which lost their bread earners in the explosion. 4.293 In reply to the show-cause notice issued by the Commission, the State Government submi�ed a report stating therein that dependants of the deceased persons have filed four cases before the Commissioner of Workmen’s Compensation. Out of these, three cases were withdrawn by them on the ground that they had already received the monetary relief and their petitions were dismissed as ‘withdrawn’. A total sum of Rs. 8,62,105/ - had been paid in these three cases. The fourth case too had recently been dismissed as ‘withdrawn’. 4.294 Since dependents of only 3 out of the 11 deceased workmen received compensation, the Commission in it’s proceedings dated 18 December 2008 directed to the Chief Secretary of the State to show-cause as to why suitable monetary relief should not be granted to the next of kin of the remaining deceased persons. Since the State Government did not respond to the showcause notice despite reminders, the Commission presumed that the State Government had nothing to say against the notice. Keeping in view the total amount of Rs. 8,62,105/ - paid to the dependants of three deceased workmen, the Commission on 5 January 2010 recommended to the Government of U�ar Pradesh through its Chief Secretary, to pay a compensation of Rs. 3, 00,000/- each to the next of kin of the remaining eight deceased workmen and also submit a compliance report along with proof of payment within six weeks. 64 NHRC