PUBLIC INTEREST LITIGATION (PIL)

1. Bangladesh Legal Aid and Services Trust (BLAST)

2. Bangladesh Occupational Safety, Health and Environment Foundation (OSHE)

1.Secretary, Ministry of Housing and Public Works Limited

2.Secretary, Ministry of Labour and Employment

3.Secretary, Ministry of Industry

4.Secretary, Ministry of Environment and Forest

5.Chairman, RAJUK

BLAST, along with the Occupational Safety Health and Environment Trust (OSHE), filed a writ petition challenging the inaction and omission on the part of the respondents to secure compliance with legal provisions regarding safety and security of construction workers as provided in the Bangladesh National Building Construction Code 2006, leading to serious injuries and deaths of construction workers in the workplace. National newspapers reported 50 deaths of construction workers between January and December of 2007 as a result of falling from heights, having contact with electrical cables, or being crushed following the collapse of buildings, trenches or walls, and the collapse of buildings during demolition. During the demolition operation of RANGS Bhaban, a multi-story building in Dhaka, in pursuance of an order of the Hon’ble Supreme Court, a part of the building collapsed, resulting in the deaths of several construction workers. Allegedly, the company assigned to demolish RANGS Bhaban had failed to comply with the necessary safety measures in undertaking the demolition in accordance with the requirements specified under the National Building Construction Code 2006.

The High Court issued a Rule Nisi directing the respondents to explain within four weeks why the failure to date to establish a government agency as provided for under the Bangladesh National Building Construction Code 2006 for enforcement of the law does not constitute a breach of its statutory and constitutional duties. The Court also directed the Government to submit a statement to the Court setting out what steps it has taken to secure the safety of construction workers since the Code became law in November 2006.

Mr. Justice Mirza Hussain Haider
Mr. Justice Mamnoon Rahman.

The High Court mentioned that safety measures embodied in the National Building code, 2006, must be taken by the concerned constructor, body or person to avoid workplace death and injury. To enforce, apply and implement the Code by establishing the Code enforcing agencies with respective area of jurisdiction and that would be a performance of public duty and service to the people by the respondents inasmuch as they are required by the Code. The Rule was made absolute on 13.10.2010.

Mr. Justice Syed Mahmud Hossain

Mr. Justice Gobinda Chandra Tagore