PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petiiton No. 9682 of 2021
Date of filing: 2021/10/31
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Petitioners

1. Bangladesh Legal Aid & Services Trust (BLAST)

2. Ain o Shalish Kendra (ASK), 

3. Bangladesh Environment Lawyers Association (BELA)

4. Safety and Rights Society (SRS).

Respondents

1. Minisstry of Labour and Employment

2. Ministry of Home Affairs

3. Department of Inspection for Factories and Establishments

4.  Deputy Commissioner, Narayanganj

5. Fire Service & Civil Defence Directorate

6. Hashem Food Ltd.

7. Managing director, Hashem Food Industries

Facts

On 8th July 2021, a fire broke out at the Shezan Juice Factory in Narayanganj causing the death of 52 workers and injury to 50 workers.  The petitioners filed the  case challenging the failure of the respondents to ensure effective enforcement of applicable laws on workplace safety, in particular regarding prevention of fires, and also laws on building safety, resulting in these deaths and injuries , and amounting to breach of their constitutional duties, including the duty to protect the right to life and other specific statutory duties. They also sought directions to ensure adequate compensation for all the victims

Rule/Order/Judgment
Date:


Details

The court issued Rule Nisi calling upon the respondnts to show cause as to why their failure and negligence to perform their duties should not be declared to be without lawful authority  and as to why they should not be directed to take necessary action as required by the law and the Constitution to effectively investigate, prosecute and punish those responsible for the deaths and injuries of persons resulting from the Shezan Juice factory fire of Hashem Foods Limited on 08.07.2021 in Bhulta, Rupganj, Narayanganj, Dhaka and to take all necessary measures for such purpose and for prevention of any future such occurrence, including:

i)            To direct the Respondents  14 and 15 to pay compensation for the violation of fundamental rights amounting to Taka 1(one) Crore to each of the injured workers and Taka 5 (five) Crore  to the family members of each of the workers killed in the said factory fire.

ii)           To ensure appropriate protective measures, in particular safety precautions, in the event of factory fires and 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.

iii)         To ensure that the respondent No. 5 has adequate manpower to conduct its activities in all induestries

 The Court also directed three authorities, the Department of Inspection for Factories and Establishments, the Deputy Commissioner, Narayanganj and the Fire Service & Civil Defence Directorate, to submit their investigation reports to the Court within 30 days.

 
Justices

Mr. Justice M. Enayetur Rahim 

Mr. Justice Md. Mostafizur Rahman



Database Last Updated on:
Area of law
Life,
Access to Justice
Keywords
Workers' right, shezan Juice Fire, Compensation
Relevant statute

Labour Act 2006

Building Construction Act 1952

Constitution of Bangladesh





Case Number: Writ Petiiton No. 9682 of 2021
Date of filing: 2021/10/31

Petitioners

1. Bangladesh Legal Aid & Services Trust (BLAST)

2. Ain o Shalish Kendra (ASK), 

3. Bangladesh Environment Lawyers Association (BELA)

4. Safety and Rights Society (SRS).

Respondents

1. Minisstry of Labour and Employment

2. Ministry of Home Affairs

3. Department of Inspection for Factories and Establishments

4.  Deputy Commissioner, Narayanganj

5. Fire Service & Civil Defence Directorate

6. Hashem Food Ltd.

7. Managing director, Hashem Food Industries

Facts

On 8th July 2021, a fire broke out at the Shezan Juice Factory in Narayanganj causing the death of 52 workers and injury to 50 workers.  The petitioners filed the  case challenging the failure of the respondents to ensure effective enforcement of applicable laws on workplace safety, in particular regarding prevention of fires, and also laws on building safety, resulting in these deaths and injuries , and amounting to breach of their constitutional duties, including the duty to protect the right to life and other specific statutory duties. They also sought directions to ensure adequate compensation for all the victims


Rule/Order/Judgment
Date:
Details

The court issued Rule Nisi calling upon the respondnts to show cause as to why their failure and negligence to perform their duties should not be declared to be without lawful authority  and as to why they should not be directed to take necessary action as required by the law and the Constitution to effectively investigate, prosecute and punish those responsible for the deaths and injuries of persons resulting from the Shezan Juice factory fire of Hashem Foods Limited on 08.07.2021 in Bhulta, Rupganj, Narayanganj, Dhaka and to take all necessary measures for such purpose and for prevention of any future such occurrence, including:

i)            To direct the Respondents  14 and 15 to pay compensation for the violation of fundamental rights amounting to Taka 1(one) Crore to each of the injured workers and Taka 5 (five) Crore  to the family members of each of the workers killed in the said factory fire.

ii)           To ensure appropriate protective measures, in particular safety precautions, in the event of factory fires and 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.

iii)         To ensure that the respondent No. 5 has adequate manpower to conduct its activities in all induestries

 The Court also directed three authorities, the Department of Inspection for Factories and Establishments, the Deputy Commissioner, Narayanganj and the Fire Service & Civil Defence Directorate, to submit their investigation reports to the Court within 30 days.

 
Justices

Mr. Justice M. Enayetur Rahim ,  

Mr. Justice Md. Mostafizur Rahman



Reference

Area of law
Life,  Access to Justice

Keywords
Workers' right, shezan Juice Fire, Compensation

Relevant statute

Labour Act 2006

Building Construction Act 1952

Constitution of Bangladesh


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Database Last Updated on: