PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 3566 of 2005
Date of filing: 2005/05/23
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Petitioners

1.    Kamal Hossain 
2.    Monjurul Islam
3.    Mozaffar
4.    Md. Motalib
5.    Ain o Salish Kendra (ASK)
6.    Bangladesh Environmental Lawyers Association (BELA)
7.    Bangladesh Legal Aid and Services Trust (BLAST)
8.    Bangladesh Society for Enforcement of Human Right (BSEHR)
9.    Bangladesh National Women Lawyers’ Association (BNWLA)
10.    Centre for Sustainable  Development
11.    KarmojibiNari
12.    Nijera Kori
13.    ODHIKAR
 

Respondents
  1. Secretary, Ministry of Home and Affairs
  2. Secretary, Ministry of Industries
  3. Secretary, Ministry of Labour and Employment
  4. Secretary, Ministry of Food and Disaster
  5. Secretary, Ministry of Land
  6. Secretary, Ministry of Environment and Forest
  7. Deputy Commissioner, Dhaka
  8. Chief Inspector of Factories
  9. DG, Department of Environment
  10. RAJUK
  11. Chief Executive Officer, SavarCantionment Board
  12. DG, Department of Bangladesh Fire Service and Civil Defence
  13. IGP
  14. Superintendent, Dhaka District
  15. OC, SavarPolice Station
  16. President, BMTC
  17. Spectrum Sweater Industries Ltd
  18. Chairman, Spectrum Sweater Industries Ltd
  19. MD, Spectrum Sweater Industries Ltd
  20. Director, Spectrum Sweater Industries Ltd
Facts

The factory building of Spectrum Sweater Industries Ltd., a nine storied building at Palashbari, Savar, collapsed leaving 69 workers dead and 89 injured.

Rule/Order/Judgment
Date: 24/05/2005


Details

The High Court division issued a Rule Nisi upon the respondents to show cause as to why they should not be directed to take necessary measures and legal actions to carry out and conduct an effective public inquiry by establishing a commission to identify the reasons for the collapse and persons and agencies responsible and to make recommendations to prevent any such disaster in future and to secure payment of adequate compensation and arrange for rehabilitation in favour of the victims of the said collapse. The Court also directed certain respondents to submit reports before the Court on the issues of legality of the construction of the building, ownership of the land and safety conditions of the buildings.

Justices

Mr. Justice Abdul Matin

Mr. Justice A.F.M Abdur Rahman



Date: 14/12/2006


Details

Affidavit-In-Opposition was submitted by the Respondent No. 11 (Chief Executive Officer, SavarCantionment Board)


Date: 17/12/2006


Details

Affidavit-In-Opposition was submitted by the Respondent No. 3 (Secretary, Ministry of Labour and Employment), 8 (Chief Inspector of Factories) and 9 (DG, Department of Environment).


Date: 22/05/2013


Details

An application for direction was submitted by Bangladesh Legal Aid and Services Trust (BLAST).


Date: 16/06/2013


Details

Affidavit-In-Opposition was submitted by the Respondent No. 10 (RAJUK).


Date: 12/08/2018


Details

The case came up to the cause list as a item no. 467 for hearing in the Annex Building Court No. 10.

Justices

Mr. Justice Tariq ul Hakim 

Mr. Justice Md. Shohrowardi.



Database Last Updated on: 2018-09-03 02:40:45
Area of law
Worker’s Rights,
Life
Keywords
Workplace Safety; Factory Collapse
Relevant statute

Constitution, Articles 11, 14, 15, 21, 27, 31 and 32;

The Penal Code, 1860;

The Fatal Accidents Act, 1855;

The Workmen’s Compensation Act, 1923;

The Employers Liability Act, 1938; The Factories Act, 1965;

The Factories Rules, 1979;

The Employment of Labour (Standing Orders) Act, 1965; The Industrial Relations Ordinance, 1965;

The Bangladesh Environment Conversation Act, 1995 and Rules 1997;

Town Improvement Act, 1953;

The Building Construction Act, 1952 and Rules 1996;

The Savar Cantonment Act, 1924;

The Savar Cantonment Building Bye-laws, 1982





Case Number: Writ Petition No. 3566 of 2005
Date of filing: 2005/05/23

Petitioners

1.    Kamal Hossain 
2.    Monjurul Islam
3.    Mozaffar
4.    Md. Motalib
5.    Ain o Salish Kendra (ASK)
6.    Bangladesh Environmental Lawyers Association (BELA)
7.    Bangladesh Legal Aid and Services Trust (BLAST)
8.    Bangladesh Society for Enforcement of Human Right (BSEHR)
9.    Bangladesh National Women Lawyers’ Association (BNWLA)
10.    Centre for Sustainable  Development
11.    KarmojibiNari
12.    Nijera Kori
13.    ODHIKAR
 

Respondents
  1. Secretary, Ministry of Home and Affairs
  2. Secretary, Ministry of Industries
  3. Secretary, Ministry of Labour and Employment
  4. Secretary, Ministry of Food and Disaster
  5. Secretary, Ministry of Land
  6. Secretary, Ministry of Environment and Forest
  7. Deputy Commissioner, Dhaka
  8. Chief Inspector of Factories
  9. DG, Department of Environment
  10. RAJUK
  11. Chief Executive Officer, SavarCantionment Board
  12. DG, Department of Bangladesh Fire Service and Civil Defence
  13. IGP
  14. Superintendent, Dhaka District
  15. OC, SavarPolice Station
  16. President, BMTC
  17. Spectrum Sweater Industries Ltd
  18. Chairman, Spectrum Sweater Industries Ltd
  19. MD, Spectrum Sweater Industries Ltd
  20. Director, Spectrum Sweater Industries Ltd
Facts

The factory building of Spectrum Sweater Industries Ltd., a nine storied building at Palashbari, Savar, collapsed leaving 69 workers dead and 89 injured.


Rule/Order/Judgment
Date: 24/05/2005:
Details

The High Court division issued a Rule Nisi upon the respondents to show cause as to why they should not be directed to take necessary measures and legal actions to carry out and conduct an effective public inquiry by establishing a commission to identify the reasons for the collapse and persons and agencies responsible and to make recommendations to prevent any such disaster in future and to secure payment of adequate compensation and arrange for rehabilitation in favour of the victims of the said collapse. The Court also directed certain respondents to submit reports before the Court on the issues of legality of the construction of the building, ownership of the land and safety conditions of the buildings.

Justices

Mr. Justice Abdul Matin

Mr. Justice A.F.M Abdur Rahman


Date: 14/12/2006:
Details

Affidavit-In-Opposition was submitted by the Respondent No. 11 (Chief Executive Officer, SavarCantionment Board)

Justices

Date: 17/12/2006:
Details

Affidavit-In-Opposition was submitted by the Respondent No. 3 (Secretary, Ministry of Labour and Employment), 8 (Chief Inspector of Factories) and 9 (DG, Department of Environment).

Justices

Date: 22/05/2013:
Details

An application for direction was submitted by Bangladesh Legal Aid and Services Trust (BLAST).

Justices

Date: 16/06/2013:
Details

Affidavit-In-Opposition was submitted by the Respondent No. 10 (RAJUK).

Justices

Date: 12/08/2018:
Details

The case came up to the cause list as a item no. 467 for hearing in the Annex Building Court No. 10.

Justices

Mr. Justice Tariq ul Hakim ,  

Mr. Justice Md. Shohrowardi.



Reference

Area of law
Worker’s Rights,  Life

Keywords
Workplace Safety; Factory Collapse

Relevant statute

Constitution, Articles 11, 14, 15, 21, 27, 31 and 32;

The Penal Code, 1860;

The Fatal Accidents Act, 1855;

The Workmen’s Compensation Act, 1923;

The Employers Liability Act, 1938; The Factories Act, 1965;

The Factories Rules, 1979;

The Employment of Labour (Standing Orders) Act, 1965; The Industrial Relations Ordinance, 1965;

The Bangladesh Environment Conversation Act, 1995 and Rules 1997;

Town Improvement Act, 1953;

The Building Construction Act, 1952 and Rules 1996;

The Savar Cantonment Act, 1924;

The Savar Cantonment Building Bye-laws, 1982


Related Proceedings
Database Last Updated on: 2018-09-03 02:40:45
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/aa35e-writ-petition-3566-of-2005.pdf