Petitioners said, Trumac Engineering, situated near Lambha village, which makes textiles and other machineries in collaboration with a German company, engages over 300 workers and other employees.

The 38 petitioners, most of whom belong to Scheduled Caste, have been working in the company for two to seven years. Though the petitioners are doing regular work, they are shown to be contract workers, states the petition.

The company has 25-30 latrines and as many urinals which are connected to eight cesspools. These cesspools are connected with a big tank outside the company premises. When the cesspools and tank are full with human excreta, the sweepers are required to enter the tank for removing the excreta and cleaning the tank,the petition states. Though the workers made a number of representations to the authorities, the pleas fell on deaf ears, it is alleged.

Senior advocate Girish Patel and advocate Anand Yagnik who appeared for the petitioners contended that such a modern company cannot be permitted to engage human beings for carrying night-soil. This was against human dignity, they submitted.

Such inhuman practices have been prohibited by the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, which has been brought into force in Gujarat since January 25, 1997, they submitted.

Besides, only recently a division bench of Gujarat High Court observed that the steps taken in Madhya Pradesh for abolishing night-soil lifting should be taken in this State on a war-footing, it was submitted. The HC had directed the state government to ensure a time-bound schedule for eradicating this evil and to appoint a high-level committee. Despite the court order, the evil practice hascontinued.

Justice Gokhale directed the company to explain what steps it intends to take to stop this practice. The company was also directed not to discontinue the petitioners' service. The next date of hearing is October 9, 1998.