Gujarat High Court directs State to revise policy on silicosis compensation and rehabilitation

By A Representative

In a significant ruling on August 1, 2025, the Gujarat High Court pulled up the State Government for delays and inadequacies in implementing the Supreme Court’s directions regarding compensation and rehabilitation for silicosis victims. The court ordered the Principal Secretary of the Labour and Employment Department to modify the existing government resolution dated March 11, 2024, to ensure full compliance with the Apex Court's decisions and the National Human Rights Commission (NHRC) recommendations.

The case was brought by the People's Training and Research Centre and other petitioners, representing victims and families of deceased workers affected by silicosis, a fatal occupational lung disease caused by inhaling silica dust. The petitioners highlighted that the State had failed to implement the Supreme Court’s judgment dated April 11, 2017, in W.P.(C) No. 110 of 2006, which mandated compensation of ₹3 lakh (₹1 lakh direct payment and ₹2 lakh in fixed deposits) to the next of kin of silicosis victims, along with broader rehabilitation measures.

The Gujarat Government, in response, submitted that it had issued a new resolution on March 11, 2024, under which ₹4 lakh compensation was provided, but the court found that this was not in line with the Supreme Court's directive. The court also noted that several applications were rejected or not processed due to an arbitrary 90-day limit for filing claims, which the bench termed "practically not feasible" and lacking in social sensitivity.

In the oral order, Chief Justice Sunita Agarwal observed:

“There is a substantial delay on the part of the officers of the State in effective implementation of the directions of the Apex Court… Moreover, the timeline of 90 days for moving such an application is practically not feasible and it seems that there has been no application of mind to the recommendation for increasing the timeline.”

The court further emphasized that:

“The Government resolution dated 11.03.2024 does not provide for rehabilitation of the victims, which has resulted in rejection of the applications of some of the beneficiaries petitioners herein.”

Accordingly, the court directed:

“The Principal Secretary, Department of Labour and Employment to look into the matter and take effective steps for bringing suitable modifications / amendments / substitution of the Government resolution dated 11.03.2024 so as to set in place the policy for rehabilitation of the affected workers with the disease ‘Silicosis’ and to provide adequate compensations to the kins of the deceased.”

The claims of all petitioners in the present case, many of which were rejected for being filed beyond the limitation period or for lack of policy covering affected living workers, are to be freshly considered. The Chief Labour Commissioner has been tasked with ensuring the applications are processed in accordance with revised norms.

An affidavit detailing the steps taken must be submitted before the next hearing on August 29, 2025.

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