KARACHI: A local court on Saturday issued notices to the owner of Ali Enterprises, the director-general of the Sindh Building Control Authority (SBCA) and secretaries of the provincial labour, industries and commerce departments on lawsuits claiming around Rs29.328 million in compensation for legal heirs of two workers, who were killed in the Baldia factory fire incident in 2012.

Over 260 workers perished in the deadly blaze that engulfed the multistorey building of a garments factory in Baldia Town on Sept 11, 2012.

The senior civil judge (West), Javed Iqbal Malik, issued notices to the defendants to file their replies by January 5 on the lawsuits claiming compensation of Rs14,664,000 each under the Fatal Accidents Act, 1855.

The lawsuits have been instituted by Mohammad Anas and Mohammad Hassan, who named chief executive officer of Ali Enterprises Shahid Bhaila, the director-general of the Sindh Building Control Authority and secretaries of the provincial labour, industries and commerce departments, as defendants.

The plaintiffs aged eight to 10 years filed lawsuits through their mothers — Ms Almas and Ms Nazneen — who submitted that their husbands were employed in Ali Enterprises, where they died during the tragic incident.

Their counsel Usman Farooq submitted that a few weeks prior to the tragic incident the factory had received internationally recognised certificate for having adequate workers’ safety arrangements, but in fact the industrial unit was suspected to be using child labour and having locked workplace like prison cells.

The counsel further submitted that 300 to 400 employees were present inside the factory when the blaze erupted and the officials claimed that all exit doors of the factory were locked and many of the windows were covered with iron bars, which made it difficult for the workers to escape at the time of the fire and consequently many deaths were caused by suffocation.

Advocate Farooq contended that the provincial labour department was responsible for implementing labour laws to provide social security cover to the industries’ workers and ensure their welfare.

He further contended that the provincial industries and commerce department was responsible for providing infrastructure for the development of the large-, small- and medium-scale industries as well as ensure surveys of industries, their registration and inspections.

He stated that the factory was producing garments for European and American brands having workforce of 1,200 and 1,500 workers and the industrial unit had a capital between Rs510 million to Rs550m.

The counsel said that the owner of the factory, and the official defendants failed to discharge their obligations, therefore, they were liable to jointly and collectively pay Rs14,664,000 each as damages to the plaintiffs.

Published in Dawn, December 13th, 2020