COVID 19 – LPG cylinder delivery boys – Stand of the oil companies that necessary instructions have been issued to all distributors and also to be followed by delivery boys while making refill delivery – Also provided masks, gloves and sanitizers to all delivery staff. (Madras)(DB)https://bit.ly/2zZkg0Q
This judgement ranked 1 in the hitlist.photo_cameraprintpicture_as_pdfdescriptionstopnote_addT. Sivakumar v. Secretary to Government of India Ministry of Petroleum and Natural Gas A-Wing (Madras)(D.B.) : Law Finder Doc Id # 1719681Use Law Finder doc id for citation.MADRAS HIGH COURT(D.B.)Before :- M. Sathyanarayanan and Mrs. Pushpa Sathyanarayana, JJ.WP.No.7501 of 2020. D/d. 15.5.2020.T. Sivakumar – PetitionerVersusSecretary to Government of India Ministry of Petroleum and Natural Gas A-Wing – RespondentsFor the Petitioner :- Mr. K. Kathiresan, Advocate.For the Respondent No.1. :- Mr. G. Karthikeyan, ASG.For the Respondent Nos.2 to 7 :- Mr. V. Anatha Natarajan, Advocate.For the Respondent Nos.8 & 9. :- Mr. V. Jayaprakash Narayan, GP.NUTSHELLCOVID 19 – LPG cylinder delivery boys – Stand of the oil companies that necessary instructions have been issued to all distributors and also to be followed by delivery boys while making refill delivery – Also provided masks, gloves and sanitizers to all delivery staff.Constitution of India, 1950 Article 226 – COVID 19 – LPG cylinder delivery boys – Precautions – Petitioner submits that despite serious outbreak of COVID-19 Oil Companies and their distributors are not taking any effective steps to provide deliverymen with necessary preventive measures and would further plead that in event of demise, there must be proper Insurance coverage by paying sum of L 25 Lakh to family of person who may die on account of said virus – Respondents filed their respective counter affidavits taking stand that necessary instructions have been issued to all distributors and also to be followed by delivery boys while making refill delivery and that apart, distributors have also provided masks, gloves and sanitizers to all delivery staff – In light of stand taken by Oil Corporations in their counter affidavits, no further orders necessary in petition.[Paras 2, 5 and 6]ORDERM. Sathyanarayanan, J. – The petitioner claims to be the State Vice President of Tamilnadu LPG Cylinder Deliveryman’s Employees Union and the learned counsel for the petitioner would submit that despite the serious outbreak of COVID-19 in this country, the respondents / Oil Companies and their distributors/Agencies are not taking any effective steps to provide the deliverymen with necessary preventive measures such as N95 Safety Masks, gloves, sanitizers etc., and would further plead that in the event of demise, there must be a proper Insurance coverage by paying a sum of L 25 Lakhs to the family of the person who may die on account of the said virus and prays for appropriate orders.2. Respondents 2 and 5, 3 and 6 and 4 and 7 have filed their respective counter affidavits and it is their stand that necessary instructions/advisories have been issued to all the distributors and also to be followed by the delivery boys while making refill delivery and that apart, the distributors have also provided masks, gloves and sanitizers to all the delivery staff. It is further stated that the Ministry of Petroleum and Natural Gas has also announced Ex-gratia of L 5 Lakhs to the kith and kin of the deliveryman in the event of unfortuate demise due to COVID-19 while making deliveries and that apart, the Ministry of Petroleum and Natural Gas has also announced Insurance coverage of L 1 Lakh towards treatment of delivery boys who may be infected by the said disease. It is also stated that each and every LPG Distributor enters into an agreement with the respective Oil Corporations termed as ”Indane” [Liquified Petroleum Gas] Distributorship [Domestic and Commercial] Agreement and clauses of the said Agreement deals with all eventualities and since proper and effective measures have also been put in place, prays for dismissal of the writ petition.3. The learned counsel for the petitioner would submit that though the counter affidavits speak about the effective and preventive measures, the same has not been put in place in practice and the sums of L 5 Lakhs and L 1 lakh is only a pittance when compared to the hardships undergone by the delivery boys and prays for a positive direction.4. This Court has carefully considered the rival submissions and also perused the materials placed before this Court.5. In the light of the stand taken by various Oil Corporations in the counter affidavits, this Court is of the considered view that proper and effective mechanism have also been put in place for the safety of the delivery boys and the Management of the Oil Corporations shall also cause periodical inspection and also surprise inspections as to the compliance for the provision of safety gears such as masks, sanitizers etc., and shall also follow it properly at regular intervals.6. In the light of the stand taken by the Oil Corporations in their counter affidavits, no further orders are necessary in this writ petition.7. Therefore, the writ petition is closed. No costs..
