Article 21, read with Articles 39(e), 41, 43, 48A and all related Articles and
fundamental human rights to make the life of the workman meaningful and
purposeful with dignity of person......... It would thus be clear that in an
appropriate case, the Court would give appropriate directions to the
employer, be it the State or its undertaking or private employer to make the
right to life meaningful; to prevent pollution of work place; protection of the
environment; protection of the health of the workman or to preserve free
and unpolluted water for the safety and health of the people. The authorities
or even private persons or industry are bound by the directions issued by
this Court under Article 32 and Article 142 of the Constitution." (emphasis
supplied).
61.
It is pertinent to mention that judgments of Supreme Court in Pt.
Parmanand Katara (supra) and Paschim Bangal Khet Mazdoor Samity
and Others (supra) have not been overruled till date. In fact, in the
subsequent Constitution Bench judgment in the case of Confederation of Ex
servicemen Associations and Ors. (supra) the Supreme Court reiterated that
right to medical aid is a fundamental right of all citizens guaranteed by
Article 21. The Constitution Bench only held that the contributory scheme
framed by the Government qua ex-service men, under which they had to pay
one time contribution, was constitutionally valid. In the opinion of this
Court, if a class or category of its citizens can afford to pay or partially pay
for their medical treatment because of their economic background,
Government can certainly frame a contributory scheme for medical
treatment.
W.P.(C) 7279/2013
Page 32 of 41
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