46. Eleven Workers Killed due to an Explosion in a Cracker Factory at Saharanpur, Uttar Pradesh (Case No. 33497/24/2004-2005) 6.195 An explosion occurred on 18 October 2004 in a cracker factory which was being run in the godown of Om Babu Transport Company at Rakesh Cinema Road in Saharanpur, Uttar Pradesh. Eleven workers lost their lives in the occurrence and two were injured. The incident was brought to the notice of the Commission by the Convenor of Campaign Against Child Labour and a plea was made for action against the guilty and compensation to the victims. 6.196 A police report forwarded to the Commission by the District Magistrate, Saharanpur and a report from the Labour Commissioner, Uttar Pradesh, disclosed that an FIR was registered against the proprietor/manager of the factory and the owner of the godown had paid Rs. 50,000 each to the next of kin of those who had died in the accident. 6.197 The police report revealed that the factory did not have adequate fire extinguishing equipment. From the report of the Labour Commissioner it transpired that the factory had started functioning two months before the accident and it was not registered under the Shop and Establishment Act. The employer did not deposit compensation under the Workmen's Compensation Act and therefore dependents of the victims were advised to file claims. The Labour Commissioner explained that the Inspector system was not in vogue at the time of occurrence and therefore it was not possible to initiate any action against the employer. 6.198 The Commission observed that “the State is under a substantive protective obligation to ensure the safety of workers engaged in hazardous occupations and provide proper relief to the affected persons in the event of mishap. The Law confers sufficient powers on the State to enable it to discharge the obligation.” 6.199 In this case the District Magistrate as well as the Commissioner for Workmen's Compensation appears to have forgotten the obligation to protect the workmen and give relief to their families. They left the workers at the mercy of the employer. The illiterate workers and their families may not have even known that they were entitled to compensation and how to enforce it. 6.200 Since the concerned authorities were negligent in preventing the violation of human rights of the workers, the State becomes accountable for failure of obligation and it must give monetary relief to the eleven families which lost their bread earners in the explosion. 6.201 Accordingly, the Commission directed issue of notice u/s 18(a) (i) of PHRA, 1993 to the Chief Secretary Government of Uttar Pradesh requiring him to show-cause as to why the State Government should not be asked to give monetary relief to the families of the workers who died in the occurrence. The response is awaited. National Human Rights Commission 69