PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 4390 of 2013
Date of filing: 2013/04/25
Print


Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST)
2. Ain o Salish Kendra (ASK)

Respondents

1.Secretary, Ministry of Housing and Public Works

2. RAJUK

3.Inspector General of Police

4.The Superintendant of Police

5.Officer in Charge, Savar Thana, Savar, Dhaka

6.Chief Inspector of Factories, Srama Bhaban, 4 DIT Avenue, Dhaka

7.Md. Sohel Rana, owner of Rana Plaza, Savar Bazar, Savar Dhaka

8.Managing Director, New Wave Bottoms Limited, Rana Plaza, Savar Bazar, Savar, Dhaka

9. Managing Director, Phantom Apparels Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

10.Managing Director, Phantom Apparels Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

11. Managing Director, Phantom Tack Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

12. Managing Director, Ethar Textile Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

13.Bangladesh Garments Manufacturers and Exporters Association (BGMEA)

14.Southeast Bank Limited

15.R.M. Trade International

16.Secretary, Ministry of Labour and Employment

Facts

On 23rd April, 2013, cracks were reportedly seen in the walls and pillars of the Rana Plaza, which housed five factories. But the building was cleared as being safe by a local engineer. The next day the workers were forced to join work. At 8:45 AM, on 24 April, 2013, the building collapsed causing the deaths of 1132 persons and injuring many others. It is estimated that 3,668 workers were in the factories at the time of the collapse.

Rule/Order/Judgment
Date: 28/04/2013


Details

The Court issued a Rule Nisi calling upon all the respondents to show cause as to why they should not be directed to take necessary action as required by law and the Constitution to effectively investigate, prosecute and punish those responsible for the deaths and injuries of the workers at Rana Plaza and why they should not be directed to take all necessary measures to prevent any such occurrences in future.

The respondents No. 8 to 12 were further directed to show cause as to why they should not be directed to pay compensation to the victims of “Rana Plaza” collapse within a specified time and why respondents No. 6 and 13 should not be directed to ensure such payment of compensation to the said bereaved families and injured workers of the incident.

In case of failure of respondents No. 8 to 12 to pay compensation or ensure such payment to the victims’ families, why the Respondent No. 6 and 13, shoul not be directed to pay the entire compensation money to the bereaved and injured families of the victims of the said incident and why all the respondents should not be directed to ensure appropriate protective measures being taken in all the factories/ industries, in particular safety precautions in the event of building collapse or any other incident causing damage to the health of the workers and also to implement and enforce legal provisions for the rehabilitation of the victims of such incidents as well as making available appropriate medical treatment for victims of building collapse or fire hazards or any other incident causing injuries to health.

The Court ordered Interim Directions on the Bangladesh Bank to issue a circular on concerned commercial banks imposing restrictions on withdrawal or transfer of money by the owners of Rana Plaza and by owners of the five RMG factories located there. TheCourt noted that the salaries of the workers should nevertheless be paid from these accounts under BGMEA’s supervision.

Justices

Mr. Justice Mirza Hussain Haider

Mr. Justice Muhammad Khurshid Alam Sarkar



Database Last Updated on: 2018-08-30 17:09:00
Area of law
Health,
Worker’s Rights,
Life
Keywords
Workplace Safety
Relevant statute

Constitution, Articles 11, 14, 15, 21, 27, 31, 32, 102 (1) and (2) (a); Bangladesh Labour Code 2006; Building Construction Act, 1952





Case Number: Writ Petition No. 4390 of 2013
Date of filing: 2013/04/25

Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST)
2. Ain o Salish Kendra (ASK)

Respondents

1.Secretary, Ministry of Housing and Public Works

2. RAJUK

3.Inspector General of Police

4.The Superintendant of Police

5.Officer in Charge, Savar Thana, Savar, Dhaka

6.Chief Inspector of Factories, Srama Bhaban, 4 DIT Avenue, Dhaka

7.Md. Sohel Rana, owner of Rana Plaza, Savar Bazar, Savar Dhaka

8.Managing Director, New Wave Bottoms Limited, Rana Plaza, Savar Bazar, Savar, Dhaka

9. Managing Director, Phantom Apparels Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

10.Managing Director, Phantom Apparels Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

11. Managing Director, Phantom Tack Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

12. Managing Director, Ethar Textile Ltd, Rana Plaza, Savar Bazar, Savar, Dhaka

13.Bangladesh Garments Manufacturers and Exporters Association (BGMEA)

14.Southeast Bank Limited

15.R.M. Trade International

16.Secretary, Ministry of Labour and Employment

Facts

On 23rd April, 2013, cracks were reportedly seen in the walls and pillars of the Rana Plaza, which housed five factories. But the building was cleared as being safe by a local engineer. The next day the workers were forced to join work. At 8:45 AM, on 24 April, 2013, the building collapsed causing the deaths of 1132 persons and injuring many others. It is estimated that 3,668 workers were in the factories at the time of the collapse.


Rule/Order/Judgment
Date: 28/04/2013:
Details

The Court issued a Rule Nisi calling upon all the respondents to show cause as to why they should not be directed to take necessary action as required by law and the Constitution to effectively investigate, prosecute and punish those responsible for the deaths and injuries of the workers at Rana Plaza and why they should not be directed to take all necessary measures to prevent any such occurrences in future.

The respondents No. 8 to 12 were further directed to show cause as to why they should not be directed to pay compensation to the victims of “Rana Plaza” collapse within a specified time and why respondents No. 6 and 13 should not be directed to ensure such payment of compensation to the said bereaved families and injured workers of the incident.

In case of failure of respondents No. 8 to 12 to pay compensation or ensure such payment to the victims’ families, why the Respondent No. 6 and 13, shoul not be directed to pay the entire compensation money to the bereaved and injured families of the victims of the said incident and why all the respondents should not be directed to ensure appropriate protective measures being taken in all the factories/ industries, in particular safety precautions in the event of building collapse or any other incident causing damage to the health of the workers and also to implement and enforce legal provisions for the rehabilitation of the victims of such incidents as well as making available appropriate medical treatment for victims of building collapse or fire hazards or any other incident causing injuries to health.

The Court ordered Interim Directions on the Bangladesh Bank to issue a circular on concerned commercial banks imposing restrictions on withdrawal or transfer of money by the owners of Rana Plaza and by owners of the five RMG factories located there. TheCourt noted that the salaries of the workers should nevertheless be paid from these accounts under BGMEA’s supervision.

Justices

Mr. Justice Mirza Hussain Haider,  
Mr. Justice Muhammad Khurshid Alam Sarkar



Reference

Area of law
Health,  Worker’s Rights,  Life

Keywords
Workplace Safety

Relevant statute

Constitution, Articles 11, 14, 15, 21, 27, 31, 32, 102 (1) and (2) (a); Bangladesh Labour Code 2006; Building Construction Act, 1952


Related Proceedings
Database Last Updated on: 2018-08-30 17:09:00
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/4d272-wp-no.-4390-of-2013.pdf