Silicosis: Gujarat HC asks Employees' State Insurance Corp to pay compensation to 9 victims of deadly disease

By Jagdish Patel*
The Gujarat High Court has dismissed the appeal filed by the Employees' State Insurance Corporation (ESIC), Vadodara, challenging the order of the ESI Court, Vadodara to pay disablement benefit as compensation to nine silicosis victims, all of whom are adivasis from Gujarat.
Belonging to the Jhalod block in Dahod district, these tribal workers had gone to work in quartz crushing units of Godhara between 2000 and 2005. They were exposed to high level of silica dust at work. Soon they started getting sick and some died. Many left the workplace and went back to their native home.
When the People's Training and Research Centre (PTRC), a voluntary organization working on occupational safety and health, came to know about the problem, it approached the state health department and requested an inquiry. The state health commissioner directed the National Institute of Occupational Health (NIOH) Ahmedabad, to make an inquiry.
In October 2004, NIOH organized a medical camp in Jhalod Community Health Centre (CHC) and confirmed diagnosis in nine workers out of 24 examined. Later, the tuberculosis (TB) department of the Dahod Civil Hospital kept sent X-rays to NIOH for opinion. The diagnosis was done either by the General Hospital, Vadodara, or the Civil Hospital, Ahemedabad.
Following this, PTRC started collecting employment evidence by filing the Right to Information (RTI) pleas. In 15 cases it succeded in collecting adequate evidence. In 2007, 15 victims filed applications before the ESIC local office in Kalol to pay them benefits. But there was no reply.
In 2008 the workmen filed an appeal in the ESI Court, Vadodara. Pending hearing, six appellants succumbed to silicosis. Silicosis is known to be a fatal lung disease. In 2015 February, the ESI Court passed an order in favor of the remaining nine applicants.
ESIC challenged ESI Court the order in the Gujarat High Court in December 2015. Justice Pardiwala passed the historical judgment, dismissing the ESIC plea.
Arguing in the High Court, senior counsel Shilpa Shah for one of the workmen pointed towards how he was examined by the Civil Hospital, Dahod, and x-rays were taken. It was diagnosed by the Civil Hospital, Dahod, that he is suffering from silicosis. The medical reports of the workman was forwarded to the NIOH as the respondent was suffering from silicosis. Based on the medical reports, the workman sought compensation from the ESIC.
She said, the application filed by the workman, who is registered with the ESI Hospital, was ignored and not acted upon. The victim was not referred to the Medical Board, as per Sector 54-A of the ESI Act by ESIC, even though there was thumping and convincing evidence as regards the respondent suffering from silicosis. This forced the workman file an application directly before the ESI Court in 2008, as his physical condition was deteriorating.
In all, Shah said, there the ESI Court heard an appeal from 15 insured persons, out of which six succumbed to the disease during the pendency of the case, adding, the ESI Court observed that the respondents were suffering from disease.
The appeal in the ESI Court was filed under Section 75(2A) of the ESI Act stipulates that, in case an insured person is not referred to or examined by a Medical Board by the ESIC, the ESI Court could decide upon the matter to direct ESIC to have such claim determined by the Medical Board.
According to Shah, as it was an admitted fact that the workmen were suffering from silicosis, and the list of insured persons suffering from silicosis was produced on record by the Deputy Director of the Appellant Corporation itself. In such circumstances, the ESI Court had cogent and convincing evidence to determine that the respondents were indeed suffering from silicosis.
In such circumstances, the consequential benefits to receive the disablement benefit for lifetime are required to be granted, she insisted.
--
*Director, Peoples Training And Research Centre, Vadodara

Comments

Grueling summer ahead: Cuttack’s alarming health trends and what they mean for Odisha

By Sudhansu R Das The preparation to face the summer should begin early in Odisha. People in the state endure long, grueling summer months starting from mid-February and extending until the end of October. This prolonged heat adversely affects productivity, causes deaths and diseases, and impacts agriculture, tourism and the unorganized sector. The social, economic and cultural life of the state remains severely disrupted during the peak heat months.

Stronger India–Russia partnership highlights a missed energy breakthrough

By N.S. Venkataraman* The recent visit of Russian President Vladimir Putin to India was widely publicized across several countries and has attracted significant global attention. The warmth with which Mr. Putin was received by Prime Minister Narendra Modi was particularly noted, prompting policy planners worldwide to examine the implications of this cordial relationship for the global economy and political climate. India–Russia relations have stood on a strong foundation for decades and have consistently withstood geopolitical shifts. This is in marked contrast to India’s ties with the United States, which have experienced fluctuations under different U.S. administrations.

From natural farming to fair prices: Young entrepreneurs show a new path

By Bharat Dogra There have been frequent debates on agro-business companies not showing adequate concern for the livelihoods of small farmers. Farmers’ unions have often protested—generally with good reason—that while they do not receive fair returns despite high risks and hard work, corporate interests that merely process the crops produced by farmers earn disproportionately high profits. Hence, there is a growing demand for alternative models of agro-business development that demonstrate genuine commitment to protecting farmer livelihoods.

The Vande Mataram debate and the politics of manufactured controversy

By Vidya Bhushan Rawat* The recent Vande Mataram debate in Parliament was never meant to foster genuine dialogue. Each political party spoke past the other, addressing its own constituency, ensuring that clips went viral rather than contributing to meaningful deliberation. The objective was clear: to construct a Hindutva narrative ahead of the Bengal elections. Predictably, the Lok Sabha will likely expunge the opposition’s “controversial” remarks while retaining blatant inaccuracies voiced by ministers and ruling-party members. The BJP has mastered the art of inserting distortions into parliamentary records to provide them with a veneer of historical legitimacy.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

The cost of being Indian: How inequality and market logic redefine rights

By Vikas Gupta We, the people of India, are engaged in a daily tryst—read: struggle—for basic human rights. For the seemingly well-to-do, the wish list includes constant water supply, clean air, safe roads, punctual public transportation, and crime-free neighbourhoods. For those further down the ladder, the struggle is starker: food that fills the stomach, water that doesn’t sicken, medicines that don’t kill, houses that don’t flood, habitats at safe distances from polluted streams or garbage piles, and exploitation-free environments in the public institutions they are compelled to navigate.

Why India must urgently strengthen its policies for an ageing population

By Bharat Dogra A quiet but far-reaching demographic transformation is reshaping much of the world. As life expectancy rises and birth rates fall, societies are witnessing a rapid increase in the proportion of older people. This shift has profound implications for public policy, and the need to strengthen frameworks for healthy and secure ageing has never been more urgent. India is among the countries where these pressures will intensify most sharply in the coming decades.

Thota Sitaramaiah: An internal pillar of an underground organisation

By Harsh Thakor* Thota Sitaramaiah was regarded within his circles as an example of the many individuals whose work in various underground movements remained largely unknown to the wider public. While some leaders become visible through organisational roles or media attention, many others contribute quietly, without public recognition. Sitaramaiah was considered one such figure. He passed away on December 8, 2025, at the age of 65.

Proposals for Babri Masjid, Ram Temple spark fears of polarisation before West Bengal polls

By A Representative A political debate has emerged in West Bengal following recent announcements about plans for new religious structures in Murshidabad district, including a proposed mosque to be named Babri Masjid and a separate announcement by a BJP leader regarding the construction of a Ram temple in another location within Behrampur.

Search This Blog