Bina (none) 18 November 2008
A cement factory worker from neighborhood has been diagnosed with mesothelioma. This factory manufactures the cement-asbestos pipes and roofs, and he has worked there for 30 years. According to his doctors mesothelioma is 100% fatal cancer which is caused by asbestos exposure. Now what is the apportioned liability of his employer?
N.K.Assumi (Advocate) 18 November 2008
M.C.Mehta Vs Union of India AIR 1987 SC 1086 T 1099. Sustainable development means "Precautionary principle' and the "Polluter pays principle' Also read the case of Rural Litigation and Entitlement Kendra Dehradun Vs State of uttra Pradesh AIR 1985 SC 652 and Union Carbide Corpn Vs union of India AIR 1990 SC 273 and Union Carbide Corpn Vs Union of India AIR 1991 4 SCC 584.
Sandeep Bajaj (Advocate) 19 November 2008
Yes! these judgments can be used in claiming a compensation under workmen compensation act. Which will be the proper remedy. Emplyer can be made liable to pay the cost for treatment and compensation.
Bina (none) 23 November 2008
Dear Assumi Ji and Bajaj Ji,
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