NHRC, India Malad, Mumbai, on 15.02.2017. Three of the labourers died while cleaning and another was seriously injured due to inhalation of poisonous gas. Commission’s intervention was sought in the matter. ii. The Commission took cognizance of the matter on 19.04.2017, and a report dated 25.07.2017 received from the DCP Zone-11, Mumbai revealed that at about 10 am, wireless mobile no.1 of Malwani Police Station received a call that two persons out of four were seriously injured due to sudden burst of poisonous gas while cleaning a septic tank in the premises of Mankubai Chawl. The two injured persons were unconscious. The third and fourth personswere also declared affected by the poisonous gas, accumulated in the underground sewage/septic tank of Mankubai house. All the four persons were taken to Hospital, where two persons were declared dead before admission, whereas the third person died while undergoing treatment. A crime case was registered, but the investigation did not disclose any negligence on the part of the employer or any other person, and stated that it was only an accident, and none were arrested in this regard. As such, the case has been classified as “C”, i.e.,‘Neither True Nor False’, categorised as accident and was sent to the 24Court, Borivali. iii. The Commission observed that three deceased and one injured person were deployed by the owner of the property and, therefore, they were the employees under the provisions of Employees Compensation Act, 1993. The owner of the property, i.e., Mankubai Housing Society was the principal employer of the petty contractor and under the provision of Employee Compensation Act, the principal employer is fully liable for the payment of compensation to the deceased and to the injured employees. The State Government appeared to have not paid any compensation to the NoK of these poor deceased labourers or to the injured labourer. iv. The Commission also noted that the owner of the property was responsible for safety and security of the employees by his contractor/sub-contractor in the premises. v. The Commission was of the view that the State was responsible for the non-enforcement of the prohibition of manual scavenging and responsible for such incidents in the State, due to such non-enforcement and by not forming any policy, in this respect, the poor labourers had lost their lives. As such, the State Government was vicariously liable for the omission on the part of the concerned public servants, and, hence, on 13.01.2018, the Commission issued a notice to the State through the Chief Secretary as to why monetary compensation of Rs.3,00,000/- should not be recommended to be paid to the next of kin of the deceased, and Rs.75,000/- to the injured victim for violation of their human rights. vi. In response to the notice, no reply was received despite reminders, and it appeared that the concerned authority had nothing to controvert the opinion of the Commission, and hence, the Commission confirmed its recommendation of monetary relief on 12.02.2019. vii. In pursuance to the directions of the Commission, a report was submitted by the Labour Commissioner, Maharashtra, Mumbai, alongwith the proof with regard to payment of ANNUAL REPORT 91 2021-22