Petition challenging Explosives dept circular dismissed

The Madras High Court today dismissed a petition challenging the Explosives Department's November 23 2012 circular, calling on fireworks manufacturers of Sivakasi and Virudunagar Districts to adhere to certain safety measures.
The Tamil Nadu Fireworks and Amerces Manufacturers Association, Sivakasi, had challenged the circular issued by Joint Chief Controller of Explosives, South Circle, suggesting appropriate modifications to improve safety measures.
Dismissing the petition, Justice K K Sasidharan said the circular was in the larger public interest and to ensure safety. Such being the case while renewing the licenses the conditions imposed by the Department should be incorporated.
Stating that manufacturers appeared to have no concern for the lives of poor people, the judge said while considering the legality and correctness of the circular, the court is expected to consider the overall view of the matter.

He further said the court cannot shut its eyes and stated that it was not much concerned about the difficulties faced by manufacturers to redesign sheds or their decline in profits.
The judge said as the state is not in a position to provide employment to all, people naturally have to look for alternative employment. The state should protect workers' interest and it was only in such a larger Public Interest the Department brought out the circular, he said.

The judge noted that the major fire mishap at Om Sakthi Fireworks Industries in Virudunagar District had resulted in the death of 40 persons and injures to 51 others.

He referred to the Department's enquiry,saying the workers were working in gross violation of safety norms.The Department had found manufacturers had constructed multiple sheds without providing smooth pathway interconnecting sheds and had issued the circular to avoid major fire mishaps in future,he said.
The Circular stated there at least a 1.5 meters width pathway and had also introduced some other conditions for manufacturing fireworks.
The judge while upholding the power of the Authorities to issue circular, said it was done to ensure safety of workmen and public and cannot be quashed merely because an arguable case was presented by the petitioners Association.